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(영문) 부산지방법원 서부지원 2021.02.17 2020고단1842
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 bus B.

On October 10, 2019, the defendant, around 21:20 on October 21, 2019, driven the two-lane road in the direction of Gangseo-gu Busan Metropolitan City, along the two-lanes from the E to the F, at a US speed.

Since there was an intersection where signal, etc. is installed in the front bank, it was confirmed whether a person engaged in driving of a motor vehicle has a motor vehicle driving duty to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to G from the direction of F due to a sudden negligence in violation of the signal, thereby causing an injury to the victim due to a thring of the I cab driven by the victim H ( South and the age of 46) who turn to G from the direction of F, and caused the victim to suffer an injury due to a thring of the acute frith network, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report and an investigation report (the confirmation of the victim H status);

1. On-site photographs, written determination of the degree of disability, written opinion (No. 59 No. 59), medical certificate (Evidence List No. 60), and application of Acts and subordinate statutes to the examination certificate of disability thereafter;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The defendant's liability for the crime is not minor in light of the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act caused a traffic accident by negligence in violation of the signal and caused an injury to the victim.

However, the defendant recognizes the crime of this case and reflects his mistake, the vehicle of the defendant's driver is covered by a comprehensive insurance, and the damaged person is not subject to punishment for the defendant by the agreement with the victim.

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