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(영문) 부산지방법원 서부지원 2017.09.21 2017고단922
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

On March 10, 2017, at around 18:50, the Defendant driven C 149cc, at a speed of about 40 km, at a speed of about 30 km in the city of Si according to the first two-lanes of city, from the boundary of Sinra University, the veterans hospital in front of the Dong of Busan, Seomun-gu, Busan, to the main line of the State.

At the time, there are nights and crosswalks on the front side, so in such cases, there was a duty of care for those engaged in driving motor vehicles, etc. to live well on the front side and the left side, and to accurately operate and safely drive the steering gear and the steering gear.

Nevertheless, the defendant neglected this and did not discover the victim D(62) who crosses the front crosswalk to the right side from the left side of the defendant's running direction, and did not see the victim D(62).

As a result, the Defendant caused the victim to suffer bodily injury, such as the cutting of a mouth, which requires approximately 18 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Blucs cambling CDs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing in the sentencing guidelines] - The area of mitigation (four months to one year) of types 1 of general traffic accidents (the injury caused by traffic accidents) - The victim is also at fault due to the occurrence of traffic accidents or the expansion of damage (the decision of sentence] although the victim did not agree with the victim, there are no previous convictions for the above person subject to special mitigation and the defendant, and the defendant's age, sexual behavior, environment, motive and means of crime, result, circumstances after the crime, etc. are considered, and the decision of sentence is delivered as per the disposition.

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