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(영문) 부산지방법원 2019.05.15 2019고단666
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of K5 si.

On February 3, 2019, the Defendant driven the above taxi on February 11:45, 2019, and proceeded in the direction of the Busan Jin-gu Office in the direction of the Busan Jin-gu Office, depending on the two-lanes of the 3rd line road of the side exhibition intersection in Busan Jin-gu.

Since there is a place where traffic is controlled by an exemplary driver, there was a duty of care for those engaged in driving service and driving safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to turn to the left from the left side of the Defendant’s running direction to the right side of the victim D(W, 51 years old) driving E(W, 51 years old) driving, which was left to the left in accordance with the receipt of E by the E(W), and received the front part of the Defendant’s driving.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. of the 14-day clocks, and the injury to the victim F (the 59-year old-old) who was on the said nives car in need of medical treatment for about about 14 days, and the injury to the victim G (the 55-year-old) who was in need of medical treatment for about 14-day 14 days, respectively.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement and written statement of the police about D or C;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 17);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending sentence] general traffic accidents in Article 62(1) of the Criminal Act, the basic area (four to one year) (the decision of sentencing) (the decision of sentence): signals.

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