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(영문) 부산지방법원 2017.06.28 2017고단1694
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of Oral Seaba at the time of B 125.

On 25, 2017, around 19:15, the Defendant tried to proceed in the direction of transition from the south-dong bank to the south-dong road located as of the center of the Geum-gu, Busan.

In such cases, since the defendant, who is engaged in driving duty, has a signal apparatus at all times, he/she has a duty of care to proceed in accordance with the new code and to check whether there is a person driving the crosswalk, and to prevent the accident by driving safely.

Nevertheless, the Defendant neglected this and went beyond the road as it was due to the negligence of disregarding and violating the signal that is, even though the vehicle travelling signal was red, and caused the victim C (22 ) walking on the right side of the crosswalk to the left side in accordance with the crosswalk signals.

Defendant 1 violated the signal as above, and suffered approximately seven weeks of medical treatment to the victim due to negligence in driving a vehicle in violation of the duty of pedestrian protection in the crosswalk, and suffered from an excessive flassium outside the upper part of the right side in need of medical treatment for about seven weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. The actual investigation report on traffic accidents;

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

1. The grounds for sentencing of imprisonment without prison labor and punishment under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso of Article 3(2)1 and 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act [the scope of the recommended punishment] general traffic accidents in consideration of all the sentencing conditions, such as where the illegality in the aggravated area (8 to 2 years) (excluding the special aggravated person] of Article 3(2) proviso (8) of the Act on Special Cases Concerning the Traffic Accidents (excluding the special aggravated person), is serious, or where the damaged driving is serious, or where the damaged driving is not recovered, it shall be determined as per the disposition.

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