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(영문) 부산지방법원 2020.03.17 2019고단6468
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 20, 2019, the Defendant driven the above car at around 23:45, which led to the two-lane road in front of Busan Jin-gu, Busan to go along the two-lane road in front of Busan Jin-gu, Busan, according to D kindergarten room from the 1-dong post office located in Busan, Seoyang-gu, to D kindergarten room.

At the time, a crosswalk is installed at night, and there is no signal apparatus at the front door, so in such a case, a person engaged in driving service had a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, when the person engaged in driving service sees well the right and the right and the right, and the pedestrian passes the crosswalk.

Nevertheless, the Defendant neglected to do so and did not look well at the front side and right side of the said vehicle, and due to the negligence that a pedestrian was going to stop in front of the said vehicle without temporarily suspending in front of the said vehicle, the Defendant received the victim E (55 years old) crossing the crosswalk from the right side of the said vehicle to the left side, as the front part of the said vehicle.

Ultimately, the Defendant caused the victim to suffer injury to the victim due to the above occupational negligence during about 12 weeks of medical treatment, such as an acute bladrosis, which requires the treatment of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident by the F (Representative);

1. A traffic accident report;

1. A medical certificate;

1. Application of the CD 1 statute

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. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person], the element of mitigation of punishment: In the area of reduction of punishment (the scope of recommendation and recommendation) and in the area of reduction of punishment (the scope of recommendation and recommendation], one month to eight months;

2. Determination of sentence;

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