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(영문) 부산지방법원 2018.07.09 2018고단2075
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 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 service of Busan B 125cc.

On February 9, 2018, the Defendant driven the above Obabaon around 19:35, and had the U.N., U.N., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., left

At all times, since the traffic safety signs against the signal and the left-hand turn are installed, there was a duty of care to make a person engaged in driving service not to turn to the left by complying with the direction of the sign prohibiting the left-hand turn.

Nevertheless, the defendant neglected this and caused the victim C (36 years) who proceeded to the above intersection in accordance with the straight-line signals from the inside of the apartment site to the front of the defendant's right-hand turn to the left by negligence, and caused the victim C (36 years) to move to the above intersection in order to avoid the collision with the inside of the defendant.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the lower court’s 16 weeks left-hand injuries, such as the mouth of the upper body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

2. Selection of a credit cooperative without prison labor for punishment;

3. Article 62 (1) of the Criminal Act on the stay of execution (such as the absence of any criminal history and the agreement with the victim).

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