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(영문) 부산지방법원서부지원 2020.10.22 2020고단797
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 cargo B as cargo vehicle.

On March 16, 2020, the Defendant driven the above cargo vehicle on March 17:25, 2020, and proceeded along the four-lane road in the way of the intersection of the Seogjin-gu, Jinho-gu, Jin-si, Jin-si, and the four-lane road in the way of the ice Tri-gu, Jin-gu, Jin-IC bank.

Since there is a distance intersection where a signal apparatus is installed, the driver shall reduce the speed prior to the entry into the intersection and shall properly see and drive the front side and the left of the vehicle, and shall safely drive according to the signal or instruction displayed by the traffic safety facilities.

Nevertheless, due to the negligence of neglecting this, the Defendant got left from the intersection while entering the right side of the Defendant’s proceeding, and thereby, was driven by the victim D(52) who was driven by the victim D(52) who was driven at the right side of the ice, the front part of the Ewing and Ⅲ freight vehicle driving by the Defendant.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim D, such as salt, tensions, etc. in need of treatment for about three weeks, and injury to the victim FF (the age of 50) who was accompanied by the said wing-III vehicle, to whom approximately 14 weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is shocking the victims by negligence of driving the defendant in violation of the signal.

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