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(영문) 부산지방법원 동부지원 2018.07.05 2018고단592
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 a period of 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 rocketing car.

On March 13, 2018, the Defendant driven the above vehicle at around 15:03 on March 13, 2018, and went to the left at the middle school facing the front of the crosswalk in Busan Shipping Daegu D, and going to the left at the end of the return “the closing point for the new passenger.”

Since there is a pedestrian crossing where no signal, etc. is installed, a person engaged in driving service has the duty of care to check whether there is a person who gets on the way to reduce speed and see the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and went beyond the road by shocking the front part of the vehicle in front of the victim F (the age of 76) who crosses the crosswalk from the right side of the road to the left side of the road due to the negligence of left-hand turn.

Ultimately, the Defendant caused the victim to suffer injury, such as a ductal team and other ductal and closed down, which require approximately 10 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, investigation reports (on-site investigation), and investigation reports (in relation to attachment of medical certificates);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the order of community service order is an unfavorable circumstance where a victim, who is crossing a crosswalk, has suffered bodily injury, such as a mouth strokes, spelkes, closure, etc. which require about 10 weeks medical treatment. The crime is not good, the victim's injury is serious, and the defendant did not agree with the victim.

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