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(영문) 부산지방법원 동부지원 2020.04.08 2019고단2049
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

On July 24, 2019, the Defendant driven the above car at around 19:20, and the two-lanes in front of the construction site in Busan Metropolitan City, Daegu Metropolitan City, was in line with the two-lanes in front of the construction site in the vicinity of the hot spring intersection.

Since the front door is a road on which a crosswalk and a yellow on-and-off signal are installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by reducing the speed and checking the existence of pedestrians on the crosswalk.

Nevertheless, the Defendant neglected the above duty of care and failed to accurately operate the operation of the brake system in the front direction. In the front direction, the Defendant received the victim D (60 years old) who walked on the crosswalk from the left side of the Defendant’s driving direction to the right side of the crosswalk from the front direction of the vehicle.

In conclusion, the Defendant suffered from occupational negligence, such as the closure of a heart aggregate, which requires approximately eight weeks of treatment, and the closure of a stoke, the removal of a stoke, the maintenance of the left-hand upper frame, the closure of a stoke, the closure of a stoke, and other injuries, such as the removal of a stoke, etc.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each written statement of D;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act cannot be deemed to be less severe in terms of negligence or degree of injury of the defendant for the reason of sentencing under Article 62(1) of the suspended sentence, the defendant is not subject to any criminal punishment for about seven years from the time when he was sentenced to a fine due to a traffic accident, and the defendant wishes to be punished by the defendant by mutual consent.

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