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(영문) 부산지방법원 서부지원 2017.11.15 2017고단1005
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 the Crando taxi.

On December 21, 2017, the Defendant driven the upper taxi at around 21:20 on December 20, 2017, and proceeded with D's adjacent road at the lower distance from the university of East Asia at the lower distance along the two-lanes, and was changed to the lower distance from the university of East Asia, and became a U-turn after changing the vehicle to the first lane.

At night, the road construction is in progress at night, and the U-turn signal, etc. was installed, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle according to the signals displayed by the signal apparatus.

Nevertheless, the Defendant neglected to do so and neglected to change the U-turn signal to a stop signal, and neglected to do so, caused the Defendant to go beyond the FWW125cc, driven by the victim E, who was trying to be shocked from the lower distance to the East Asia University at the lower distance as in the foregoing Nakdong-dong.

Ultimately, the Defendant suffered injury to the victim, such as a escape from the right dog, which requires approximately eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report (the actual investigation report);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the punishment of this case shall be determined by taking into account the following factors: (a) although the crime of this case is not against the nature of the crime; (b) it is against the victim; (c) it is agreed with the victim; and (d) it has no record of punishment exceeding the fine since

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