(영문) 부산지방법원 2016.05.26 2016고단571

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(영문) 부산지방법원 2016.05.26 2016고단571

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

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

On December 2, 2015, the Defendant driven the above car on December 2, 2015, and proceeded along one-lane of the two-lanes of the hotel room in the vicinity of the city of the same Gu.

At the time, there was a night and a place where a crosswalk is installed, so in such a case, there was a duty of care to prevent accidents in advance, such as putting the Defendant on the front door and accurately operating the steering gear and brake system according to the traffic situation of the location.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s fault, thereby leaving the victim C (63) who was a road along the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side of the said car.

After all, the Defendant suffered injury to the victim, such as the ductal body and the ductal body of the body in need of approximately eight weeks of treatment by occupational negligence as above, and the ductal body and ductal body of the body of the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

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

1. Grounds for sentencing under Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act / [the scope of recommendation] of the basic area ( April to October) (no person subject to special sentencing] [ nor person subject to general sentencing] of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (violation of duty to protect pedestrians at crosswalks): Where there is serious injury that is not an injury among the factors subject to aggravated punishment; where there is any other serious injury that falls under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (violation of duty to protect pedestrians at crosswalks): Subscription to a comprehensive motor vehicle insurance [Pronouncement of sentence] of the defendant's violation of duty of care and the results

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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