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(영문) 부산지방법원 2016.02.12 2015고단8227
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 engaging in driving a rocketing car.

On November 2, 2015, the Defendant driven the above car at around 22:40, and led to a two-lane road in front of the border university located in the Seosan-dong of Busan Metropolitan City, using two-lanes from the side of the Busan fire headquarters, at a speed of about 50km in Si/Gun/Gu, depending on two-lanes from the side of the Busan fire headquarters.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the vehicle driving signal while disregarding the change of the vehicle driving signal to the stop signal, and the Defendant, using the crosswalk pursuant to the pedestrian signals, putting the way to the right side from the left side by using the crosswalk, was placed up to the floor by taking the victim D(W 29 years old) as the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as pressure pressure duplicating 1st century, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident statement of D;

1. A medical certificate;

1. An accident scene photograph;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of penalty without prison labor, in addition to the negligence of the defendant and the injury of the victim;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as reflection of the defendant, agreement with the victim, etc.);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act [the grounds for sentencing under Article 62-2] The basic area (4-10 months to 10 months) (including special mitigation (aggravating)] / Non-Punishment (including serious efforts to recover damage) / The proviso of Article 3(2) of the Act on Special Cases concerning School Traffic.

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