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(영문) 부산지방법원 2018.05.31 2018고단737
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The defendant is a person who is engaged in driving a BMW car.

On December 18, 2017, the Defendant driven the above vehicle at around 15:50 on December 18, 2017, and was proceeding 546 Gin-gu Busan, Busan, to the revised tunnel.

Since the place is an intersection where signal, etc. is installed, a person engaged in the driving of a motor vehicle is obliged to safely drive the motor vehicle in accordance with the traffic signals and to check whether there is a vehicle passing through the intersection by reducing speed and keeping it well, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to change the signal to the stop signal of the vehicle, but failed to proceed in violation of the signal, and received the front part of the victim C (the other, 23 years old) who was going to cross the intersection from the right side of the vehicle driving direction to the left side of the road in accordance with the new code, and received the front part of the above part as the front part of the front part and fences of the vehicle.

As a result, the defendant suffered from occupational negligence the 12 weeks of flaverization of flavers that require approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. A medical certificate;

1. Traffic accident reports, photographs, investigation reports (referring to the investigation of black images), the application of the Acts and subordinate statutes of the Institute for Verifying Insurance Coverage;

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. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] shall be limited to the mitigated area (one month to eight months) (including special mitigation persons] that is not subject to punishment (including serious efforts to recover damage);

2. The decision of the sentence is a yellow signal;

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