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(영문) 부산지방법원 동부지원 2017.05.18 2017고단60
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 1 ton cargo vehicle B.

On November 2, 2016, the Defendant driven the above vehicle at around 03:32, and got off the three-lane way in front of the Yong-dong Distribution High School in Busan, Nam-gu, Busan, and proceeded along the three-lane road from the entrance of this expectation park to the apartment site in ELnam-ro, the Defendant got off the body of the victim C (78 years old) who is a pedestrian crossing the road near the mast intersection by negligence when he stopped in accordance with the signal signal signal signal signal signal at the three-distance intersection in front of the distribution high school, and got off the road at the front glass part of the Defendant’s vehicle, and caused the victim to suffer injury, such as pelke, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a traffic accident occurrence report, and a written statement on the occurrence of a traffic accident;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.

3. Unfavorable circumstances: The traffic accident occurred by the defendant's violation of signal and the degree of negligence of the defendant is severe, the degree of injury of the victim is more favorable: The confession is against his mistake while making a confession, there is no record of the same crime, there is no record of criminal punishment exceeding the fine, the victim has deposited KRW 10 million with the person who is the person who is the person who is the person who is the person who is the principal, and the vehicles are covered by comprehensive insurance.

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