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(영문) 부산지방법원 2013.07.10 2013고단42
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 C-A-Wurd-Wurt Motor Vehicle.

On October 23:57, 2012, the Defendant driven the above car and proceeded at the speed of 40 km from the 5-day boundary of the Simphere-dong, Simphere-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

On the other hand, there has been a sidewalk separated from the roadway, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents, such as making it possible for the person engaged in driving a motor vehicle to live well on the side and the right and the right and the right and the normal operation of brakes, and preventing such accidents from being invaded.

Nevertheless, the Defendant neglected to do so and d'(53 years old) of the victim D, which was placed on the sidewalk, due to the negligence of driving stroke, got the victim into the front part of the vehicle in question and caused the victim to be faced with the head on the road floor by the degree of 5 meters.

As a result, the Defendant suffered injury to the victim due to occupational negligence, such as blood salute under the acute salute which requires treatment for at least three months.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the first offender, deposit, and reflect) of the suspended execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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