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(영문) 부산지방법원 동부지원 2017.07.19 2017고단995
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2017, the Defendant is a person who is engaged in driving BMW 520D car, and around 22:50 on March 17, 2017, the Defendant continued the three-lane in front of the Busan Fristium 1133, the Busan Fristium located in the city of Busan, the head of the Busan, the Gun, the Seocheon-gun, in the intersection of the articles of incorporation from the west to the intersection of the articles of incorporation, and came to the point of the accident that ends the central separation, and came to the opposite line at the speed of about 10km.

Since the location is a crosswalk where signal lights are installed and the left-hand turn and U-turn is prohibited, a person engaged in driving service has a duty of care to accurately operate and safely drive the steering gear according to the traffic signals and prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the road while driving the victim C with a three-lane in accordance with the straight lines from the opposite line, even though it was a green light in a place other than the U.S. permitted zone.

As a result, the Defendant suffered injury to the victim, such as pressure pressure pressure to close the inverte part, chille, tension, etc., which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, investigation report (limited to attachment of photographs to the scene of an accident), investigation report (a estimate and medical certificate);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to an order to attend a lecture or an order to provide community service order was committed in violation of the central line, resulting in traffic accidents.

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