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(영문) 부산지방법원 동부지원 2019.09.19 2019고단1308
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of GTS125.

On July 3, 2019, at around 01:18, the Defendant driven the above Oralba, and turned to the left at the left while driving the five-lane road in front of Busan Shipping Daegu Apartment at the front intersection.

At the time of the passage of the front time, there was a three-distance intersection where signal lights are installed, so a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and checking well the right and the right and the right.

Nevertheless, the Defendant neglected this and received the ECR1105 Obama, which was driven by the victim D(37 years of age) who was normally proceeding in accordance with the straight line in the opposite part of the fault and left-hand turn, even though the vehicle driving signal was a straight-hand signal.

As a result, the Defendant caused the injury to the victim D on the left-hand side of the upper pelvis, which requires approximately seven weeks of medical treatment, and the injury to the victim F, who was on the back of the damaged pelvis, caused by the injury to the left-hand pelvise, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, a traffic accident report, a statement on the occurrence of each traffic accident, a statement on the occurrence of each traffic accident, a site of accident, or CCTV photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant's error in sentencing in Article 62-2 of the Criminal Act was not somewhat weak, the defendant is against the defendant, and there are no other criminal records than one time of fine, and the defendant has no other criminal records.

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