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(영문) 부산지방법원 2014.02.12 2013고단8229
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 who is engaged in driving a BM5 car.

On July 19, 2013, at around 13:00, the Defendant moved to the right direction of the political audit distance from the 4th page of the Sindo 4 Public Security Center to the front road of the Gyeongsung apartment located in the Singu, Busan.

Since the place is on which crosswalks are installed, and there are many pedestrians crossing the road, the driver of the vehicle has a duty of care to prevent accidents in advance by reducing speed and thoroughly keeping the front-time situation.

Nevertheless, the Defendant neglected to do so and did not look at the front side of the said vehicle and was negligent in driving the said vehicle, and received the left knee part of the victim C (A, 58 years old) walking along the crosswalk at the front direction of the Defendant’s running.

As a result, the Defendant suffered injury to the victim, such as the closure of the center of the left-hand bones of the mouth, which requires medical treatment for about 15 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

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

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

1. Article 62 (1) of the Criminal Act;

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