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(영문) 부산지방법원 2019.01.30 2018고단5363
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 car.

On July 26, 2018, the Defendant driven the above car on July 22:15, 2018, and got a U.S. to drive the five-lane road in the front of the “D” located in Busan Jin-gu C, Busan, along the one-lane from the front intersection to the front intersection, to the opposite lane.

Since there is a center line of yellow solid lines, there was a duty of care to make an internship at the permissible point of internship to a person engaged in driving service.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by getting the front part of the GTS125 Oba, which is not a number plate driven by the victim E (the age of 19) who was driven by the two-lanes of opposite parts due to the negligence of the central line.

Ultimately, the Defendant suffered injury to the victim, such as leaving the left-hand body in need of medical treatment for about 14 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General traffic accidents in consideration of the following factors: The following factors: (a) the mitigation area (including one month to eight months) [Special Mitigation] (including a serious effort to recover damage] reflects the decision of a sentence; (b) the primary offender; (c) the first offender; (d) the victim and the victim have agreed smoothly; (d) the degree of the victim's injury; and (e) the degree of violation of the defendant's duty of care;

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