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(영문) 부산지방법원 2019.08.22 2019고단2087
교통사고처리특례법위반(치상)
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 B-to-car.

On April 19, 2019, the Defendant driven the above car on April 18, 2019, and led to the way from the west-dong to the white tunnel along the two-lane between the two-lanes in front of the Busan Jin-gu C, Busan.

Since there is an intersection where a signal apparatus has been installed, there was a duty of care to safely drive a person engaged in driving service according to the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded to the port from the right side of the Defendant’s running direction by negligence while driving the vehicle while the vehicle is yellow signal, and received the front part of the victim D(the 42 years old) E 125CC driving on the port from the right side of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as pressure pressure 2, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

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

1. Each written diagnosis;

1. Application of traffic accident reports, on-site photographs-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General traffic accident: Type 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) (including specially mitigated persons), the area of mitigation (including serious efforts to recover damage);

2. As to the defendant's violation of signal signals and causing injury to the victim in need of medical treatment for 12 weeks, a serious measure shall be taken, but the defendant shall be punished.

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