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(영문) 부산지방법원 2016.08.10 2016고단2450
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 a person who is engaged in driving C 125cc.

On February 29, 2016, the Defendant driven an over-to-face 18:25 on February 29, 2016, and led the Busan Metropolitan City, Dong-dong, Busan, to the east of the Sim-dong from the return to the Simsan-do.

At the time, the location was an intersection where signal apparatus was installed, so in such cases, the driver had a duty of care to safely drive the driver in accordance with the signals.

Nevertheless, the Defendant suffered injury, such as 125cc driving E 125cc in the right side of the victim D (55 cm) which was conducted under normal signals from the right side of the Defendant's proceeding due to negligence in the course of business, while the Defendant violated the Defendant's moving signal, which is the front part of the Defendant's moving-out signal, and suffered injury, such as the front part of the Defendant's moving-out, front part of the 8 weeks back to and rear the Defendant's moving-out signal.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. The actual investigation report on traffic accidents;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the area subject to mitigation (one month to eight months) (including a person subject to special mitigation) of the mitigated punishment (including a serious effort to recover damage);

2. The sentence of sentence is to be imposed in the same way as the sentence, in consideration of the fact that the victim was seriously injured due to the instant traffic accident, but there was no previous conviction exceeding the fine, the fact that the victim was subscribed to liability insurance and agreed with the victim, and that the crime is recognized and reflected.

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