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(영문) 부산지방법원 2014.08.25 2014고단1187
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 one year 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 Brenren car.

On December 25, 2013, the Defendant driven the above vehicle at around 17:30 on December 25, 2013, and led to a two-lane road in front of the Dong-gu, Busan, Seo-gu, Busan, to drive the road at about 20km in speed from the 0km to the Dong-dong.

Since there are crosswalks where signal lights are installed on the front door, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the front door and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded as it is, without disregarding the change of the vehicle progress signal to the stop signal, and then found the victim C (in this case, 67 years old) crossing the left-hand side from the right-hand side of the crosswalk in accordance with the pedestrian signals and operated an rapid system to avoid this. However, the Defendant did not avoid it and received the victim's body from the front-hand part of the said car and got the victim to go beyond the road.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the opening of the back to the left 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the case where the basic area (including special mitigation) of the type 1 of the general traffic accident (the injury caused by traffic accidents) (the special mitigation) (the person under special mitigation), the punishment not (including the serious effort to recover from the damage), and the serious injury (the sentence is a type 1) / The defendant has agreed with the victim, and the vehicle in this case is the vehicle in this case.

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