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(영문) 부산지방법원 2019.07.24 2019고단2138
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On May 2, 2019, the Defendant driven the above car on May 2, 2019, and proceeded one way in front of Busan Jin-gu C from the D apartment room to E-section.

Since there is a crosswalk installed on the front side, there was a duty of care to safely drive a person who is engaged in driving service by checking whether there is a person who gets a road by reducing the speed and by properly examining the front side and the left side.

Nevertheless, the Defendant neglected to do so and proceeded along as is, by negligence, got the Victim F (the age of 79) to the port from the right side of the direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim, such as the mouth of the body body felbing, which was accompanied by a felball that requires approximately 14 weeks of treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A medical certificate;

1. Application of traffic accident report and Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. Determination of sentence: The degree of injury of the victim for six months of imprisonment without prison labor and two years of suspended execution, but the defendant is against the crime of this case, and the defendant has agreed with the victim, and other circumstances indicated in the records of this case, such as the defendant's age, character and conduct, family environment, motive and means of the crime, and circumstances after the crime.

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