logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.11.23 2017고단3771
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On February 22, 2017, the Defendant driven the above truck at around 12:00, and continued the three-lane road in front of the “E pharmacy” located in Busan Jung-gu, using the three-lane road from the intersection of black intersection to the intersection of the repair.

Since there is a place in which a crosswalk is installed, the driver has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check the right and the right and the right of the driver, and to drive safely.

Nevertheless, the Defendant neglected this and entered the crosswalk when a green on-and-off signal of the crosswalk signal was replaced with a red signal, but did not find the victim F (the age of 83) who continued to cross the crosswalk and did not find the victim F (the age of 83) who was going to cross the crosswalk. The Defendant, as the front part of the above truck's right side, had the victim go beyond the victim's body part above the victim's body part, and imposed the victim's bridge part above the right side.

Ultimately, the Defendant suffered injury while cutting down the right bridge to the victim due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A statement of the occurrence of H traffic accidents;

1. A fact-finding report, a photo of the vehicle and accident scene of the victim, a local bus boom box No. -96, a photo-fluoric photo of the urban bus No. 96, and a urban bus boom box No. 96;

1. Application of Acts and subordinate statutes to a medical certificate, investigation report (whether it falls under a serious injury of victim F), written confirmation of medical treatment (whether it falls under a serious injury of victim F);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (with regard to occupation and negligence), and selection of imprisonment without prison labor;

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

1. The defendant and his defense counsel are asserted and judged under Article 62-2 of the Criminal Code of the Social Service Order.

arrow