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(영문) 부산지방법원 2019.10.15 2019고단3386
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 K5-car.

On July 11, 2019, the Defendant driven the above car on July 11, 2019, and led to the driving of the above car from the opposite side of the determination line to the intersection of the cross-public ginseng distance, depending on the two-lane between the four-lanes in front of Busan Jin-gu, Busan.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive in accordance with the new subparagraph by checking whether a person engaged in driving service is a person to reduce speed and to see the right and the right and the right of the road well.

Nevertheless, the Defendant neglected to do so and did not neglect that the vehicle progress signal is changed to a stop signal, and was negligent in proceeding as it was, the victim D (the age of 37) who dried the crosswalk to port from the right side of the direction of the Defendant’s proceeding was placed ahead of the said vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the influence of the details of the body frame that requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Application of each Act and subordinate statutes to a written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, and Article 2

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 [Class 1] and the injury (special-speed person] caused by traffic accident: Reduction element of punishment: Case where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or case of clibing (in the area of recommendation and the scope of recommendation] basic area, from April to one year;

2. The fact that the defendant in the decision of sentence is against the defendant, that the defendant has agreed smoothly with the victim, that the defendant's vehicle is covered by the comprehensive motor vehicle insurance; and

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