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(영문) 부산지방법원 2015.11.17 2015고단5543
교통사고처리특례법위반
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 one ton cargo vehicle in Cribea.

On June 4, 2015, the Defendant driven the above cargo vehicle around 15:20, and was to enter the road around Busan East-gu, Busan-dong, Busan-dong.

Since there is a place where a sidewalk for pedestrian traffic has been installed, a person engaged in driving service has a duty of care to refrain from operating by a sidewalk.

Nevertheless, the defendant's neglect to enter a road is moving back to the road.

The victim D (the age of 40) who was working in the sidewalk was found to be the part of the defendant's cargo loaded on the cargo.

Ultimately, the Defendant suffered injury, such as a cage cage cages, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a report on the occurrence of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of punishment by imprisonment without prison labor, the weight of negligence and degree of damage;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the accused, comprehensive insurance, the fact that there is no criminal record sufficient to consider the accused, and the old age of the accused);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents of Type I (Bodily Injury resulting from Traffic Accidents)

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