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(영문) 부산지방법원 2014.11.28 2014고단7110
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ice car.

On June 26, 2014, the Defendant driven the above car on the 20:36th day of June, 2014, and driven the two lanes in front of the D, which is located in the Seo-gu Busan, Busan, at the speed of about 30km from the direction of the river hospital to the direction of the ship.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the defendant neglected this and did not find the victim E (V) who cross the crosswalk from the right side to the left side in accordance with the pedestrian signals due to the negligence of the defendant's failure in driving the crosswalk in violation of the signal, and proceeded without finding the victim E (V), thereby allowing the victim to go beyond the road by receiving the victim's bridge in front of the right side of the above vehicle.

As a result, the Defendant suffered injury, such as the body felbing of the left-hand body in need of medical treatment for about 14 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnostic certificates;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor in consideration of the degree of negligence of defendants and the degree of damage inflicted by victims;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the injured party);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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