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(영문) 부산지방법원 2015.12.08 2015고단3901
교통사고처리특례법위반
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 of B-si.

On April 10, 2015, the Defendant driven the above taxi on April 21:13, 2015, and continued the intersection in front of the D cafeteria C located in Busan Seo-gu along the two-lanes between the three-lanes of the Domb of the Dompung-dong of the Simpo-gu of the same city.

At the time, there are nights and where signal lights are installed, so in such a case, the defendant engaged in driving of the motor vehicle has the duty of care to prevent accidents in advance by considering the traffic situation of the front side while driving the motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and received the part above the left-hand side of the Austria 125C-U. S. driving by the victim E (the 20-year-old) who was driven by the green straight lines from the right-hand side of the above taxi in the direction-hand side of the defendant's failure to stop doing so.

Ultimately, the Defendant caused the victim to suffer injury, such as the number of units, the number of units, and the aggregate of the main body, which require approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A report on traffic accident (i.e., actual condition investigation report);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims E);

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

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

1. Selection of imprisonment without prison labor, among the negligence and injury of the accused who has chosen punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as reflection of the accused, joining a mutual aid association, having no criminal records of the same kind of crime, and having no criminal records exceeding fines);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents Act: Type 1 (Bodily Injury resulting from Traffic Accidents) (In April-10), no basic area (special person) exists;

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