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(영문) 부산지방법원 2018.06.20 2018고단906
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a Class C cargo vehicle.

On December 11, 2017, around 13:35, the Defendant made the left turn to the left at the right of the intersection of the 52-1 treatment apartment, a hot spring spring in the Geum-gu, Busan, the Geum-gu, Busan, in accordance with one lane from the corner of the erost, to the subway station in Busan.

At the time, the defendant was installed a crosswalk, so there was a duty of care to check whether the defendant engaged in driving service has a pedestrian by temporarily stopping the vehicle, and to safely drive the vehicle and prevent the accident.

Nevertheless, the defendant neglected this and proceeded with the front door without properly examining it, and caused the victim D(80) who walked on the crosswalk from the right side of the defendant's proceeding to the left side, to the left side of the road.

As a result, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence, namely, a light ske in the left-hand ske and the outer upper ske in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Extent of recommendation - The basic area (from April to one year) of the type (the injury caused by a traffic accident) of ordinary traffic accidents - Special mitigation (aggravating) of punishment: In cases where there occurs any injury or serious injury (one type) of punishment;

2. He/she shall select a sentence of imprisonment without prison labor, taking into account the fact that a crosswalkd for sentencing is an accident and a serious injury has occurred to the victim;

However, considering the fact that the defendant has subscribed to comprehensive insurance and has agreed with the victim, the execution of punishment shall be suspended, and the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime are committed.

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