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(영문) 부산지방법원 서부지원 2018.09.19 2018고단748
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a radar car.

On 13:10 on 29:20 on 29:10 on 201, the Defendant driven the above car, and dried the front sidewalk of the Busan Seo-gu Seoul apartment site to about 5 km in the speed of the city from the apartment parking lot to the reduction direction.

Since there is a sidewalk, a driver of a motor vehicle has a duty of care to temporarily stop immediately before crossing the sidewalk to prevent accidents in advance by preventing the passage of pedestrians after examining the left-hand side and the right-hand side, etc.

Nevertheless, the defendant neglected the duty of left-hand and left-hand, and got the victim into the right-hand side of the victim D (66) who walked on the right-hand side of the proceeding direction by negligence, which led the victim to go beyond the floor.

As a result, the Defendant suffered injury to the above victim, such as the above 10 weeks of occupational negligence, a pelle and the escape from the right to the right, which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report, an investigation report, etc., and an on-site photograph of the accident site;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The basic area (from April to one year) (any person who is in special sentencing) of the types of general traffic accidents, the scope of which is recommended according to the sentencing criteria, shall be limited to the general traffic accidents; and

2. Determination of sentence: (a) the degree of injury suffered by the victim due to the instant accident; (b) the disadvantageous circumstances, such as the fact that the victim was not agreed upon; and (c) the Defendant recognized the instant crime and divided the mistake in depth; and

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