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(영문) 부산지방법원 동부지원 2017.07.13 2017고단963
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a driver of a Party B’s car.

On January 17, 2017, the Defendant driven the above car at around 07:25, and passed the intersection without signal such as signal, in front of the shipping man-age in the Suwon-gu, Busan, Suwon-do, the Defendant passed through the direction of the Suwon Private Park at a training course.

In such cases, a driver has a duty of care to check whether another vehicle is in progress by temporarily stopping or stopping before entering an intersection, and drive safely by checking the front side and the left and right of the vehicle.

The Defendant neglected to do so and neglected to enter the above intersection due to the occupational negligence of the Defendant entering the intersection, and went beyond the road by 125 C, which was driven by the victim C ( South, 22 years old) who was driving in the direction of the Suwon City market at the high-speed of the network, and 125 C, which was driving by the victim C ( South, and 22 years old,), the adjacent part of the Defendant’s car, with the front part of the Defendant’s car.

As a result, the above victim suffered from the above victim's alley in the upper part of the right side, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to traffic accident reports, diagnosis certificates, photographs;

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

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 is an unfavorable circumstance, where the crime of this case caused a traffic accident by violating the duty of care to drive safely at the intersection, and the liability for the crime is not less light, the degree of injury of the victim is relatively heavy, and the Defendant did not agree with the victim until now and did not make efforts to recover damage properly.

However, the defendant's recognition of the facts charged and seriously reflects the facts charged, and the defendant.

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