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(영문) 부산지방법원 2014.04.25 2014고단864
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 rocketing car.

On January 21, 2014, the Defendant driven the above car at around 05:30, and led to the right bypassing the front road of the Kimbcheon-dong, which is located in the Seogdong-gu, Busan, to the lower distance from the port of the Nakdongdong elementary school.

Since the front side of the place is an intersection where signal lights are installed, and there is a crosswalk where pedestrian signal lights are installed immediately before the intersection, the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed, to watch the front side and the right and the right, and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with a stop signal while the Defendant discovered the victim C (the age of 67) crossing the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals, and did not avoid it, and did not go beyond the left side of the said victim's passage to the right side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as the mouths at the bottom of the Bridge, which was accompanied by the lower body of the lower body, for about 12 weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of imprisonment without prison labor in consideration of the degree of damage and the majority of punishment power);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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