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(영문) 부산지방법원 2012.11.23 2012고단7128
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On June 25, 2012, the Defendant is a driver of a rocketing car. On June 20, 2012, around 20:08, the Defendant proceeded two-lanes in front of the Sejong Western-dong, Seo-gu, Busan, using two-lanes in front of the three-lanes.

At the time, there is a crosswalk where a signal, etc. is installed at night and at that time, so in such cases, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by reducing the speed and checking well the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and failed to find out the victim D (63 years old) who crosses the crosswalk to the port from the right side of the crosswalk in accordance with the pedestrian signals, even though the vehicle progress signal was changed to a stop signal, and did not find out the victim D (63 years old) and had the victim go beyond the road floor by taking the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as the closure of e-mail, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has agreed with the victim and the fact that the defendant is against the victim);

1. Article 62-2 of the Criminal Act concerning orders to provide community service or attend lectures;

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