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(영문) 부산지방법원 2014.09.24 2014고정3485
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a shipper of freight B.

On May 15, 2014, the Defendant was driving the said vehicle, which was around 12:06, and was driving in order to drive the said vehicle in the direction of the Gupo-dong in the direction of the Gupo-dong.

Since the location is an intersection where signal lights are installed, the defendant engaged in driving a motor vehicle has a duty of care to take the right and the right of the front side of the motor vehicle and to prevent the occurrence of the accident in advance by safely operating the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and led to the mistake in proceeding in contravention of the signal, and led the victim C(the age of 39) driving with the right side part of the D car driven in accordance with the normal new code on the opposite side on the road.

At the same time, the Defendant suffered injury to the victim E (V) who was on board the Defendant’s cargo at the same time, due to the above occupational negligence, for approximately 6 days of medical treatment, such as the bones, bones, embarll, etc. necessary.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. The traffic signal control mechanism;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence argues that the defendant is led to a confession of crime and is in close reflect to his depth, that the defendant agreed with the victims, that the defendant seems to have a very difficult economic situation as a physically disabled person and a basic living recipient, and that he suffers from liverization. The contents and degree of damage in this case, and other matters such as the defendant's age, character, conduct and environment

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