(영문) 부산지방법원 2016.06.15 2015고단2440

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.06.15 2015고단2440

교통사고처리특례법위반

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 dump truck driver.

On December 25, 2014, the Defendant driven the above truck on December 25, 2013:44, and continued the intersection in front of the E, located in Gangseo-gu Busan, Busan, to the Busan New Port.

Since the location is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the Defendant neglected this and got off the part of the G dump truck fronter part of the victim F (61 3) who was proceeding to the branch operation in accordance with the horse f.m., with the negligence of entering the red f.m., in violation of the signal, with the Defendant’s care and the part on the right side of the G dump truck driving.

As a result, the Defendant suffered injury to the Victim F by occupational negligence, such as the left-hand framework, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, and F;

1. A traffic accident report;

1. Photographss of a CCTV course and a photograph by cutting down a black stuffe image;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to October) of the type of traffic accident (no person subject to special sentencing).

2. It shall be sentenced to the same punishment as the order in consideration of the circumstances, such as the fact that the sentence is determined and sentenced, that a certain amount has been deposited, and that the crime is recognized and reflected; and

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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