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(영문) 부산지방법원 2013.03.26 2012고단8732
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2012, the Defendant is the driver of the freight truck B. On August 15:10, 2012, the Defendant was driving the freight vehicle, which was in front of the modern recreation in Busan Northern-dong.

Since the place has a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see it well, and to safely drive it in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and proceeded with the stop signal as it is, due to the negligence of disregarding the stop signal, got the left side of the victim C(the age of 43) who walked along the crosswalk from the right side to the left side according to the pedestrian signals, and let the defendant go beyond the ground.

As a result, the Defendant suffered from the victim C’s scambling, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim and the fact that the defendant commits a mistake);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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