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(영문) 부산지방법원 서부지원 2018.04.11 2017고단1369
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 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 of CF leletoland.

On September 7, 2017, the Defendant driven the above vehicle at around 16:00, and went ahead of the port church in Busan, which was in the vicinity of the Gu farm where the Gu farm where the Dong-dong is located, to the front of the port church at the jurisdiction of the police box located in the Gu farm where the Gu farm where the Gu farm where the Dong-dong is located.

Since the place has a crosswalk on the front side, there was a duty of care to prevent accidents in advance by safely proceeding after checking whether a person engaged in driving a motor vehicle passes the front side as well as checking whether a pedestrian passes the front side.

Nevertheless, the defendant neglected this and proceeded with it, and caused the victim D (9 years, female) who dried the crosswalk to go beyond the floor by shocking it.

Ultimately, the Defendant suffered injury to the victim, such as the right 1, 2, 3, and 4 of the 8 week period of treatment by occupational negligence as above, and the opening frame and escape (including growth plates) of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. Reporting of a traffic accident (1);

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

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

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the scope of the mitigated punishment (one month to eight months) [the person who has been specially mitigated]; and

2. The crime of this case committed by the defendant who was sentenced to the punishment of this case is that the defendant shocks the pedestrian who dried the crosswalk, and is grossly negligent by the defendant;

The defendant's comprehensive motor vehicle insurance is a disadvantageous condition, such as that the victim's degree of injury is not minor, and that the victim is a comprehensive motor vehicle insurance.

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