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(영문) 부산지방법원 2017.08.11 2017고단2506
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Scar car.

On March 20, 2017, the Defendant driven the above car on March 15, 2017, while proceeding the front side of the E Private Teaching Institute D located in Busan Metropolitan Government Do-gu from the 6-dong community service center located in Busan Metropolitan City to the annual high school, and led to the right bypassing to both US and US.

The location had a duty of care to reduce the speed, pay attention to the safety of children, and drive a motor vehicle in front of a school with frequent traffic of children.

Nevertheless, the defendant neglected this and proceeded with the front door, and did not discover the victim F (12) who was located in the front door of the vehicle of the defendant, and did not show the victim F (12) who was located in the front door of the vehicle of the defendant and shocked the victim with the front door of the vehicle of the defendant.

As a result, the Defendant suffered from the victim’s negligence in the above occupational negligence at the bottom of the 10 weeks of medical care, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement prepared by the F;

1. A traffic accident report;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (for an accident site);

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; Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant’s negligence, which led to the Defendant’s age, sexual conduct, environment, and crime, even though the Defendant’s negligence, recognized the error and reflects it, given that the victim was well aware at the time of the accident, it would have been difficult to detect the victim’s structural stability at the time of the accident; that the vehicle is covered by a comprehensive insurance; that the vehicle has no record of criminal punishment; that there was no record of criminal punishment.

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