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(영문) 부산지방법원 서부지원 2021.01.14 2020고단1943
교통사고처리특례법위반(치상)
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 of B-II cargo vehicles.

On July 6, 2020, the Defendant driven the above cargo vehicle on July 13:55, 2020, and had the front of the road in front of the location of the D Bank thought C in Busan, Busan, drive from E to F commercial construction.

Since there is a pedestrian crossing without signalling, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and followed the front edge of the said cargo vehicle by taking the side side of the victim G (the age of 68) who dried the crosswalk on the left side of the Defendant (the age of 68).

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as damage to the pressure of the left-hand side, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A traffic accident report;

1. An accident scene photograph;

1. Screenings to cut a black stuffe image;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is not likely to cause injury to the victim due to the Defendant’s negligence in the frontline while driving.

The degree of injury suffered by the victim is reasonable.

The defendant recognizes his own crime.

The defendant does not want the punishment of the defendant by agreement with the victim.

The defendant has no history of criminal punishment.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstance of each of the crimes of this case, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.

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