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(영문) 부산지방법원 2016.11.17 2016고단3980
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B 125cc.

around 19:00 on May 20, 2016, the Defendant driven the above Obaba, and proceeded to the Dong Triba childcare center on the front side of the D, located in Young-gu, Busan Metropolitan City, to the front side of the D, Young-do.

Since the place was a side where the passage of people and vehicles was frequent, in such a case, the driver of the vehicle has a duty of care to accurately operate steering gear, brakes, and other devices, and to ensure the right and the right of the road, and to safely drive the vehicle in accordance with the traffic situation of the road and the structure and performance of the vehicle, and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not look at the front side, and did not discover the victim E (the 73 years old) who is crossing the back side from the right side of the direction of the above Otoba, and had the victim go beyond the front side of the above Otoba, by taking the front side of the above Otoba.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the head of the light body body body, accompanied by a non-alleys that require treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act / [Determination of the type] The grounds for sentencing under Article 268 of the Criminal Act / [The scope of recommendation] 4-1 year [the scope of recommendation] / In the event of serious injury not serious injury to an aggravated element (one type] / The instant accident occurred on the road indicated as "children protection zone" (one type]. The said road is a road with frequent traffic of people, but the defendant must drive as a driver with due care.

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