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(영문) 부산지방법원 서부지원 2017.09.21 2017고단778
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2017, around 18:55, the Defendant driven a 1 ton freight vehicle E at an irregular speed from the surface of the Jincheon Apartment Complex, which is located in Busan Northern-gu, with one-lane of the two-lanes in front of the golf practice site.

At that time, there are crosswalks where vehicles and pedestrian signals are installed, so in such cases, the driver of the vehicle has a duty of care to observe the signal and safely drive the vehicle by checking well the right and the right and the right of the signal.

Nevertheless, the defendant neglected this and neglected to proceed with the front stop signal, which led to the failure of the defendant to walk the victim F (29 tax) who walked on the crosswalk to the left-hand side of the defendant's direction from the right-hand side of the road to the left-hand side of the cargo.

As a result, the Defendant caused the victim to suffer bodily injury, such as the number of days of treatment by negligence in the above occupational negligence, thereby undermining the recognition ability, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A criminal investigation report (CCTV image, CD copy);

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the reasons for sentencing under sentencing guidelines] - The area of aggravation of the category 1 (the injury or injury of traffic accidents) (8 to 2 years): In the event of serious injury, the illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is heavy - In the event of serious injury, the special person who is not subject to punishment [the decision of sentence] is suffering from brain pain in ordinary times and symptoms occur during driving, so it shall not be driving.

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