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(영문) 부산지방법원 2015.11.17 2015고단5363
교통사고처리특례법위반
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 engaged in driving a B-Epurt Motor Vehicle.

On June 17, 2015, the Defendant driven the above car at around 09:00, and driven the road in front of the D store located in Busan Northern-gu, Busan, along the three-lanes of Geumdong-dong-dong-dong-ro.

Since there are crosswalks where signal lights are installed, there was a duty of care to prevent accidents in advance by putting the steering gear and brakes accurately according to the traffic condition of the location of the vehicle driving service.

Nevertheless, due to the negligence of neglecting this, the defendant got the victim E (75 years old) who was a bicycle riding along the crosswalk in accordance with the pedestrian signals from the right side of the defendant's running direction to the left side of the road, and got the victim E (75 years old) to the right side of the motor vehicle.

Ultimately, the Defendant suffered brain ties in need of approximately eight weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Each written diagnosis;

1. Application of the traffic accident reporting Acts and subordinate statutes;

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. Selection of a punishment without prison labor, and selection of a punishment among damage;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., reflectment of the accused, agreement with the victim, comprehensive insurance coverage, and the first offender who has no criminal record) [Scope of recommending punishment] general traffic accident area of category 1 (Bodily Injury resulting from Traffic Accidents) (including special mitigation) and penalty not (including advanced efforts to recover from damage).

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