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(영문) 부산지방법원 2014.04.23 2013고단9378
교통사고처리특례법위반
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 Obaba at C 125 cc.

On October 30, 2013, the Defendant driven a 01:10 square meters above, and driven a three-lane road in front of the Seocho-gu Busan Metropolitan City Jin-dong, Busan Metropolitan City, with two-lanes from the middle distance to the children's large park.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right, and to prevent the accident in advance by driving it.

Nevertheless, the defendant neglected his duty of care and neglected to do so, and caused the victim B to cross the road adjoining to the crosswalk without permission from the right side to the left side of the road without permission by the negligence of neglecting his duty of care and go beyond the front part of the above Oba.

As a result, the Defendant suffered injury to the victim, such as a non-furnal aggregate felling on the left-hand side in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Reports on traffic accidents and photographs related to traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act suspended execution (i.e., the degree of damage, but the occurrence of the instant traffic accident caused by the negligence of the victim, which caused the occurrence of the accident without permission, the vehicle of this case is covered by the liability insurance, and the Defendant has no criminal records;

1. It shall be decided as ordered on the grounds that Article 32(1) and (2) and Article 25(3)3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Orders is more unreasonable (the scope of liability for compensation is unclear and it is not reasonable to issue a compensation order in the criminal proceedings).

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