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(영문) 부산지방법원 서부지원 2018.06.20 2018고단112
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C highest mother.

On November 3, 2017, the Defendant driven the above car at around 18:20, and driven the road of one lane in front of the public parking lot of the “croban tree” located in the Dondong, Seo-gu, Busan, Seo-gu, Busan, to the restaurant of the “croban house” on the side of the “croban hotel.

At all times, crosswalks are installed on the front side, and the opposite side line has a traffic congestion, and the pedestrians who walk the crosswalks in the opposite part did not seem well. In such a case, the defendant has a duty of care to check whether or not there is a pedestrian by properly examining the front side and the right and the right and the right of the pedestrian and to proceed safely.

Nevertheless, the defendant did not discover the victim D(3) with a crosswalk in the opposite part due to negligence while neglecting this, and received the victim with the back side of the passenger car.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CCTV images;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

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

1. Type 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including specially mitigated persons) area to be mitigated, the scope of punishment of which is the general traffic accident according to the sentencing criteria, and the scope of punishment is not limited (including serious efforts to recover damage);

2. An unfavorable circumstance, such as the degree of injury of the victim who has been sentenced to punishment, the fact that the defendant recognized the crime of this case and repented the error in depth, the fact that the defendant subscribed to a comprehensive insurance, the agreed fact that the defendant is the first offender, etc., shall also be considered as well.

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