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(영문) 부산지방법원 2019.10.23 2019고단2621
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 31, 2019, the Defendant driven the B-wing 3 truck on May 15:25, 2019, and moved the front road of the D bank located in Busan Young-gu C from the front side of the fire station to the E Hospital.

Since there is a crosswalk in the front door, there was a duty of care to safely drive a driver by checking whether there is a person who gets involved in driving service to reduce speed and to see well the right and the right of the front door.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, by negligence, led the victim F (the age of 78) to the left side of the crosswalk on the right side of the direction of the Defendant’s proceeding, followed the left side of the victim F (the age of 78) with the front wheels of the said cargo driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pressure trapsing on the left-hand side, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes on the actual condition of traffic accidents, accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. Determination of sentence: Four months of imprisonment without prison labor and one year of a stay of execution (including the fact that the defendant has agreed with the victim only smoothly while against the crime of this case);

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