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(영문) 부산지방법원 2016.05.03 2015고단8841
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 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 of Poter Freight.

On October 22, 2015, around 22:00, the Defendant continued the road in front of the “F Oriental Bank” located in Busan East-gu, Busan, to the west-gu, Western-do, at the intersection of the road.

Since a crosswalk is installed on the front side, in such cases, there is a duty of care to safely drive the brakes, steering gear, and other devices by checking whether a person engaged in driving service is a person who gets a walk by reducing the speed and by properly checking the front, rear, and left and right of the road.

Nevertheless, the Defendant neglected this and operated the above cargo vehicle, and got the victim G (V, 58 years old) who was standing the crosswalk from the right side of the above cargo vehicle to the left side, and caused the victim to suffer bodily injury, such as drown drupture, etc. on the left side of the 10 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a medical certificate and an investigation report (including the submission of a victim's additional medical certificate);

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, which caused serious injury to a victim by violating the duty to protect pedestrians at a crosswalk unfavorable to the reason for sentencing, is subscribed only to liability insurance, and there is no criminal record over fines for the fact that the normal defendant who is favorable to the failure to reach an agreement with the victim recognized the mistake and reflects the fact that there is no record of criminal punishment exceeding the fine. In addition, the defendant deposited KRW 20,000 for the victim, the age, sex behavior, environment, and circumstances leading to the crime.

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