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(영문) 부산지방법원 2015.10.14 2015고단5059
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 23, 2015, the Defendant driven a D E-cub car owned by the Victim C(54 years of age) on February 23, 2015, which led to the driving of F-F-way road in Busan L-gu E in the direction of the driving of the P-Scub in the direction of the driving of the city.

A person engaged in driving service has a duty of care to safely drive by observing traffic signals.

Nevertheless, the Defendant neglected to do so and did not proceed with the vehicle stop signal in the opposite direction by neglecting and proceeding the vehicle stop signal, and was operated by the victim G (the 60-year old) who carried the vehicle stop signal at one-lane, and received the part on the right side of the 1 ton of the freight truck with the port side of the said vehicle.

Ultimately, the Defendant caused the victim G, who is the driver of the foregoing cargo vehicle, by negligence on duty, the injury, such as the mouth of the left-hand body body felbing, which requires approximately seven weeks of treatment, to the victim C, who is a passenger of the said vehicle, respectively, for about seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident in the production of Defendant and G;

1. Application of Acts and subordinate statutes to traffic accident reports (1) (2) and photographs, etc. of accident vehicles, traffic accident reports, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Determination of type): General traffic accidents; Type 1 (Bodily Injury from Traffic Accidents); and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of recommendation) from April to October;

2. Determination of sentence: The fact that the degree of injury of the victims is not severe, that there is an agreement with the victim G and deposit one million won for the victim C, that there is a motor vehicle comprehensive insurance, that there is a history of being sentenced to a fine for the same kind of crime;

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