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(영문) 부산지방법원 2019.06.26 2019고단1097
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 2019, at around 05:00, the Defendant driven the B B Poter 2, and became to turn to the E market from the right edge on the side of the B Poter 3-lane in front of the D Poter Office located in Busan Dong-gu, Busan.

Since there was an intersection where signal lights are installed and a crosswalk where signal lights are installed in the front section, there was a duty of care to safely drive in accordance with the new code when checking whether there was a person engaged in driving service by reducing speed and checking the right and the right and the right of the road well.

Nevertheless, the defendant neglected this and neglected to turn to the left on the left of the straight line, and instead, the victim F (64 years old) who dried the crosswalk in accordance with the pedestrian signals in the right side of the direction of the defendant's proceeding was taken the front side of the above cargo vehicle of the defendant's driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence by suffering from the injury of cerebral cerebrovascular surgery, etc., which had up to 12 weeks open to the victim, and caused the victim to suffer from the disease due to the permanent decline in the function of cardiopulmonary function.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A statement of F and G;

1. The actual survey report on traffic accidents;

1. Each photograph;

1. Investigation report (the No. 13, 16, 21 of the evidence list);

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the scope of recommendation) is the basic area (the person subject to special mitigation) (the person subject to special mitigation) and the person subject to serious injury (the person subject to special mitigation) of the first type of traffic accident (the first type) [the decision on the suspended sentence] the above sentencing guidelines and the elements of sentencing are the first offense without criminal records, and the defendant agreed smoothly with the victim.

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