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(영문) 부산지방법원 2017.09.22 2017고단4162
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B NY 125cc.

On July 17, 2017, the Defendant driven the above Oba, driving around 11:50, and had the front of the “D” road located in Busan Jung-gu C along the three-lanes in the direction of the Hebari intersection in the direction of the gravel crossing.

Since the vehicle signal apparatus and crosswalk are installed, in such cases, the driver has a duty of care to observe the signal to the person engaged in driving service, to look at whether there is a pedestrian in the crosswalk, and to accurately operate the steering gear and the brake system and to drive it safely.

Nevertheless, the defendant neglected this and got the victim to go beyond the floor by shocking the physical left side of the victim E (the 71-year old age) who was standing the crosswalk from the right side of the defendant's road due to the negligence in the course of his/her duty, even though he/she did not neglect it, and caused the victim to go beyond the floor.

Ultimately, the Defendant caused the victim to suffer injury by occupational negligence, such as influence in detail at the bottom of the necessary frame, which requires approximately nine weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The actual investigation report on traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, 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, and the

1. Although Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution results in serious injury due to the Defendant’s gross negligence on the grounds of sentencing, the liability for the crime is not easy because the Defendant did not reach an agreement with the victim. However, there is no record of criminal punishment exceeding the fine, and other reasons leading to the Defendant’s age, sex behavior, environment, and crime;

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