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(영문) 부산지방법원 2019.08.28 2019고단1954
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2019, the defendant driving a sports cargo vehicle B C in Busan Island around 19:41 on March 23, 2019, and let the front of the Busan Jin-gu C turn to the left at the right intersection of the Chin-dong Office.

Since a crosswalk is installed on the front side, there was a duty of care to safely drive a driver while checking whether there is a person who gets involved in driving service to reduce speed and to check the front side and the left side well.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim D (the 70-year-old age), who dried the crosswalk to port from the right side of the direction of the Defendant’s proceeding, in accordance with the pedestrian signals.

Ultimately, the Defendant suffered injury to the victim, such as abandonment and slots, by negligence on the right side, which requires eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A traffic accident report;

1. A report on investigation (the sequence 10, 12 of the evidence list);

1. Each photograph, CD;

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

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 1 (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment in April-1) and the basic area (Aggravated Punishment in April-1) [Aggravated Punishment] / Aggravated injury (Aggravated Punishment Decision in One Type] / Aggravated Punishment Decision in the above sentencing guidelines and elements of sentencing (Aggravated Punishment Decision in the above sentencing guidelines] comprehensively taking into account the various circumstances that are the conditions for the sentencing of this case, such as the criminal records, age, character and conduct

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