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(영문) 부산지방법원 동부지원 2013.10.23 2013고단2649
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 50cc or more without a license plate.

On August 9, 2013, the Defendant driven the above Oral Sea on August 19, 2013, and proceeded to turn to the left at a speed of about 40 km per hour, depending on one lane from the direction of the school-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

At all times, the crosswalk was installed in the front bank, and the defendant found that the victim B (n, 59 years old) crosses the crosswalk installed in the front bank to the right side from the left side, so in such a case, the person engaged in driving service has a duty of care to temporarily stop and make him/her pass or yield his/her course.

Nevertheless, the defendant neglected this and proceeded with the above victim who passed the crosswalk due to negligence, and shocked the above victim by hand on the right side of the upper part.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., acute trauma disorder requiring treatment for about six weeks.

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. 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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that no previous case is made to the defendant and money is deposited for the victim, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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