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(영문) 부산지방법원 동부지원 2013.10.02 2013고단2451
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

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

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On July 2, 2013, the Defendant driven the above car on July 12:52, 2013, and proceeded with a road of about 60km in front of the Dongg-gu, Dongg-gu, Dongg-gun, U.S., Busan, with a speed of about 50km from the Yung-gu to the erogate.

Since a crosswalk without signal lights is installed at a front door, if a person engaged in driving service reduces the speed and well sees the front door, and pedestrians pass the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to prevent accidents in advance.

Nevertheless, the defendant neglected this and found the victim C (the age of 48) who cross the crosswalk from the left side of the road due to his negligence, which led to the defendant's failure to move the crosswalk to the right side of the road, and the part of the victim's bridge to the right side of the passenger vehicle of the defendant was turned to the ground.

As a result, the Defendant suffered injury to the victim, such as the Defendant’s shotle, the shotle, etc., which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

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 and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that vehicles driven by the defendant are covered by a comprehensive insurance, there is no criminal record against the defendant, and the defendant acknowledges

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

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