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(영문) 부산지방법원 2016.08.17 2016고단293
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 third party car.

On November 16, 2015, the Defendant driven the above car at around 00:10,00, and got a U-turn in the opposite direction that the two-lane roads in front of the D pharmacy located in Busan Northern-gu toward the information opposite side from the luxdong toward the information opposite side.

In cases where a person engaged in driving service is likely to impede normal traffic of other vehicles, he/she shall not cross or walk the road by driving a vehicle, and when intending to change course, such as a U-turn, he/she has a duty of care to make the signal by hand, direction or light until such act is completed.

Nevertheless, the Defendant neglected to do so and did not operate the direction flag, etc. on the two-lanes, and caused the GOba in the victim F (53 Do) driving normally proceeding at the latter side of the two-lanes, which was the front part of the victim F(53 Do) to be the top in front of the left side of the vehicle.

Ultimately, the Defendant suffered injury, such as flaging in light of the fact that there was no open room for approximately six weeks of treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of statutes to copies of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (from April to October) of the type of traffic accident (no person subject to special sentencing).

2. The fact that the Defendant, who was sentenced to the sentence, caused the instant accident while driving a siren without permission, but the Defendant’s driver’s vehicle was covered by the insurance policy to compensate for the personal injury (the Defendant).

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