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(영문) 부산지방법원 2019.04.30 2019고단890
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 a car in a SP area B.

On November 23, 2018, the Defendant driven the above car on November 10:12, 2018, which led to the driving of the front road D in Fash-gu C from the public parking lot of the hot spring subway station to E apartment direction from the direction of the public parking lot of the hot spring station.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce the speed and to see well the right and the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected to do so and got on the right side of the victim F, which was the left side of the crosswalk, from the right side of the Defendant’s drive due to the occupational negligence.

As a result, the Defendant caused the victim to suffer injury, such as an injury on the part of the left-hand skes, which requires approximately 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 1] there is no person causing a traffic accident (special person)] (the scope of recommendation field and recommendation range], the basic area of the recommendation range, and April through one year;

2. It shall be so decided as per Disposition in full view of the facts covered by a comprehensive motor vehicle insurance with sentence, the fact that there is no history of criminal punishment and is against his/her mistake, the circumstances of the accident, the degree of damage, etc.;

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