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(영문) 부산지방법원 동부지원 2021.02.03 2020고단1959
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in driving a K5-car.

On June 9, 2020, the Defendant driven the above car at around 10:16, and proceeded at a speed of about 63 km from the 119 Safety Centerside to C from the 119 Safety Centerside to the two lanes in Busan Shipping Daegu.

At all times, a crosswalk without signal lights is installed, and a road with heavy traffic of vehicles and pedestrians was a road with a speed of 30 km per hour. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering gear while complying with the speed limit.

Nevertheless, the Defendant neglected this and operated at a speed exceeding 33 km per hour while driving the speed, and the victim D (the age of 37) who dried the road near the crosswalk on the left side of the vehicle on the right side of the Marined Defendant driving, which was the front part of the vehicle in front of the vehicle in question.

As a result, the Defendant suffered injury to the victim, such as the closure of the left-hand neck, which requires approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the report on traffic accidents in the current state of traffic accidents prepared by the defendant's legal statement E, (1) (2) and each medical certificate to report internal accidents (calculated at a speed);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the types of general traffic accidents] and the absence of the person causing a traffic accident (the area of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment], four months to one year

3. Sentence;

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