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(영문) 부산지방법원 2016.09.30 2016고단1319
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 CSP car.

On September 24, 2015, the Defendant driven the above vehicle on September 16:38, 2015, while driving the vehicle on the road in front of the funeral hall of the Busan National University located in 10-1, Seo-gu, Busan.

It is a side road with no signal apparatus, and since it is a place with a large amount of traffic or a large amount of traffic, a driver who is moving to park a vehicle has a duty of care to check whether there is any person in the surrounding area by well examining the direction and the right and the right and the right and the right of the vehicle, and to accurately manipulate the steering direction and the method of operation so as to prevent the accident from spreading.

Nevertheless, the Defendant neglected to take care of the rear side of the above vehicle due to the occupational negligence, which led to the rear part of the above vehicle, and caused the victim to go beyond the ground floor, and led the victim to go beyond the ground floor, and led the victim to go with the wheels of the above vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as cutting the bones of reproduction and bones, which require approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Selection of imprisonment without prison labor;

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

1. An order of community service and an order to attend education did not lead to an agreement with the victim even though the victim suffered serious injury due to the failure to drive the sentencing on the grounds of Article 62-2 of the Criminal Act, and the comprehensive automobile insurance is not applicable, but is recognized as erroneous, and is against the law, there is no record of criminal punishment after September 2005, and there is no other accused person.

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