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(영문) 부산지방법원 2021.02.18 2020고단4139
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a bicycle with B, 278C motor device.

On September 22, 2020, the Defendant, around 02:35, tried to change the course to a three-lane, while driving at a two-lane speed from among the three-lane roads in Busan, Jingu C.

At the same time, the three-lanes of the above three-lanes of the victim E (the South, the age of 57) driving were in progress. In such a case, a person engaged in driving service has a duty of care to inform the change of course by direction, etc., and to safely manipulate the brakes and steering gear in a state of well living on the front side and the right of the front side, thereby preventing accidents.

Nevertheless, the Defendant neglected this and neglected to change the course to three lanes, and caused the bicycle side part of the Defendant’s driver’s bicycle and the victim’s driver’s front part of the driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. The application of statutes to the Defendant’s legal statement E traffic accident report, internal investigation report (Attachment to the production of a lock stuffed vehicle CD) and medical examination of the occurrence of a traffic accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, in advance, notified of the change of course by direction direction, etc., and failed to comply with the duty of care to prevent accidents by safely manipulating various devices, thereby causing injury to the victim by neglecting the course and neglecting the duty of care, and did not agree with the victim.

However, the degree of injury of the victim is relatively minor, considering the favorable circumstances.

The age, gender, and age of the defendant.

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