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(영문) 부산지방법원 2014.06.16 2014고단1226
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a car B.

On January 2, 2014, the Defendant driven the above car on January 13:15, 2014, and continued to drive the three-lane road in front of the intersection located in the Busan Gangseo-gu Busan Gangseo-dong at the speed of about 30km per hour from the lux area to the lux of the Environmental Authority.

At the time, the defendant had the left turn to the right at the above intersection, and there was a duty of care to safely drive the vehicle driving person in accordance with the signals displayed by the signal apparatus and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to turn to the left without changing the left to the stop signal of the vehicle, and was negligent in proceeding to the left part of the Defendant’s vehicle, and received the front part of the victim C(the age of 40) driving on the left part of the Defendant’s vehicle due to the straight-on signal from the left part of the vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence for about six months, i.e., the left-hand side of the bad faith requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Article 3 (1) and the proviso to Article 3 (2) 1 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. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type I (1-6 months) (including special mitigations), the area of mitigation of punishment (including serious efforts to recover from traffic accidents) (4 months without prison labor, 1 year of suspended sentence) and one year of suspended sentence;

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