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(영문) 부산지방법원 2018.06.21 2018고단1170
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

At around 14:56 March 1, 2018, the Defendant, as a driver of the CA car, was proceeding in the direction of the Interlock market on the side of the D Authorized Agent C located in Busan Metropolitan Government, and was negligent in failing to perform his/her duty of care, thereby causing injury to the victim E (V, 70 years old) who walked on the sidewalk in the direction of hot spring spring in the interlock market on the part of the negligence that took place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The E traffic accident statement;

1. A report on investigation (Submission of a medical certificate);

1. On-site survey reports, field photographs, driver’s license registers, investigation reports (in relation to the location of the accident), investigation reports (CCTV reading), investigation reports (in relation to the increase of the quality), investigation reports (in relation to the mental state of the accident), and the application of Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from April to one year) (any person who is in special sentencing) of the types of general traffic accidents; and

2. Although the degree of injury of the victim who was sentenced to a sentence is serious and the defendant is unable to receive a sentence from the victim, the defendant seems to have lost the spirit of the accident as soon as possible due to the influence of cerebral cerebral vers while driving, the purport of the accident is sufficiently indicated, the fact that there is no other history of criminal punishment except three times of punishment by a fine, and other factors such as the defendant's age and family conditions.

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