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(영문) 부산지방법원 2019.06.04 2019고단925
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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

The Defendant is a person who is engaged in driving of ready-mixed vehicles B.

On January 19, 2019, at around 11:15, the Defendant got to make a right-hand turn from the viewing side along three-lanes of the 3-lane distance from the annual city in the Sogsan-dong, Busan.

In such cases, there was a duty of care to check the right and the right and the right of the driver prior to the right and the safety of the course, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of the victim C's bridge surface in the vicinity of the crosswalk due to the occupational negligence, which led to the Defendant's failure to take part in his/her right side of the truck.

Ultimately, the Defendant caused the victim to suffer injury, such as damage to the right-hand part, which requires medical treatment for about 16 weeks, due to the above occupational negligence, and caused the victim to cut off the victim’s right-hand part 1,2,3,4.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person], where the victim has a considerable negligence in the occurrence of a traffic accident or the expansion of damage, and where the victim has a substantial fault in the occurrence of a traffic accident or the expansion of damage, an aggravated element of punishment not to be punished: Where a serious injury has occurred [the scope of recommendation area and recommendation area] mitigated area, January through August;

2. It shall be decided as per the disposition in full view of the fact that the decision of sentence was reached with the victim, that the victim was on the roadway adjacent to the crosswalk, the circumstances of the accident, the degree of damage, and the degree of his mistake; and

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