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(영문) 부산지방법원 서부지원 2018.09.19 2018고단343
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant C Mama

(FUMA) 125 124 cc. A person engaged in the operation of the Obane.

On February 4, 2018, the Defendant, without obtaining a bicycle license for a motor device device, driven the above Orabab, and led the road front of the "E" store located in Seo-gu Busan, Seo-gu, Busan to the gravel market on the side of Chungcheong-dong.

Since a crosswalk is installed, in such a case, the driver of the off-to-land has a duty of care to check whether there is a pedestrian who gets on the front door and the right and the right and the right of the driver, and to safely proceed with it.

Nevertheless, the defendant neglected to do so and did not discover the victim F, who was standing a crosswalk from the right side of the defendant's living alone to the left side, and instead did not discover the victim F, who was standing a crosswalk, from the right side of the defendant's living alone, and the victim got the victim to go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as a mouth flasing the right flasing, which requires approximately seven weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, the investigation report, and each photograph;

1. The driver's license ledger;

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

1. Relevant Article 3 (1), proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the suspended execution (as to imprisonment without prison labor);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment recommended according to the sentencing criteria (in relation to the crime committed by violating the Act on Special Cases concerning the Settlement of Traffic Accidents, the injury caused by traffic accidents) shall be the type of general traffic accident;

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