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(영문) 부산지방법원 2014.05.12 2013고단9351
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 B-wing 124cc.

On October 29, 2013, the Defendant, around 18:10 on October 29, 2013, proceeded at a speed of about 40 km in the city of Si/Gun from the red light to the bank surface.

In such cases, there was a duty of care to prevent accidents by driving a person engaged in Otoban driving, who is well aware of the front left, and driving the driver.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 47) who walked without permission in violation of pedestrian signal on the left side of the running direction, and operated the brake immediately before the collision and immediately after the collision. However, the Defendant suffered injury by the victim, when the victim was faced with the victim and the victim was faced with about 8 weeks of treatment, such as the right side spacks within the right direction.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs, on-site photographs, and motion pictures for the suspension of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (i.e., the degree of damage to the victim and the failure to reach an agreement with the victim, but the occurrence of the instant traffic accident also affected the victim's negligence, the instant vehicle is subscribed to liability insurance, the Defendant deposited KRW 4 million for the recovery of damage, the Defendant is against himself/herself, and the Defendant has no criminal power against him/her).

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