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(영문) 부산지방법원 2019.05.15 2019고단697 (1)
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On November 24, 2018, at around 15:10 on November 24, 2018, the Defendant driven a B rocketing taxi and proceeded along one lane between five lanes in front of Busan Dong-gu C.

Since there is a signal apparatus installed, there was a duty of care for a person engaged in driving a motor vehicle to safely drive the motor vehicle according to the signal apparatus by checking well the right and the right of the motor vehicle.

Nevertheless, the Defendant received the victim D(77 years old) drive E K5 taxi's right-hand gate (in the indictment, the part of the driver's seat is stated in the indictment, but the above correction is made) from the victim's driver's vehicle in the opposite line due to the negligence in the U.S. No. 16.

As a result, the Defendant suffered, by negligence in the above business, injury to the victim D, such as inside the left-hand leg, brush, etc. requiring treatment for about five weeks, and injury to the victim F (year 53) who is the said K5-si passenger, to the victim F (year 53) who did not have an open brue in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to 1 a video closure photograph and a video CD;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident Type 1 (Death resulting from Traffic Accidents) (Article 4-1) is the basic area (Article 62(1) of the Criminal Act): In violation of signal, causing injury to a large number of people and failing to reach an agreement with a certain victim: The primary responsibility of the accident is that the driver of the other vehicle is the driver of the other vehicle than the defendant, and the victim D is subscribed to the Financial Cooperative and does not want to be punished by the defendant. The above sentencing criteria and sentencing factors are the above.

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