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(영문) 부산지방법원 동부지원 2018.05.16 2017고단2509
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is the driver of CPoter II cargo vehicle.

On November 6, 2017, the Defendant driven the above vehicle at around 09:30, and proceeded to turn to the south-gu office of south-gu from the central high school along the intersection of the private distance in front of the south-gu, Busan Metropolitan City.

Since there is an intersection with a crosswalk, in such a case, there was a duty of care to check whether a person engaged in driving service well sees the front side and the right and the right and the right, and to safely drive the road.

Nevertheless, when the defendant was negligent in operating the crosswalk by neglecting it, the defendant was faced with the body part of the victim D (the 75-year old age), which passed the crosswalk from the right side to the left side, as the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the pressure pressure of 12 weeks, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Photographs of a place of accident;

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

1. In light of the relevant legal provisions on criminal facts, Article 3(1) and proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommended punishment] No person who has no person subject to special sentencing [4 months to one year] under the basic area (no person subject to special sentencing] (no person subject to sentencing] [decision of sentenced punishment] under the consideration of the fact that the defendant had been punished six times in relation to traffic, he/she shall be selected as a imprisonment without prison labor, the degree of damage is not agreed, the defendant has not been suspended from execution due to the crime of injury, and all of the sentencing conditions as set forth in the Disposition.

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