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(영문) 부산지방법원 2017.05.17 2017고단371
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the BM3 car.

On December 27, 2016, the Defendant driven the above vehicle on December 27, 2016, and down the intersection without the front signal, etc. in Busan Dong-gu C, at a speed of about 30km from the super-distance to the super-breadth, depending on one lane.

In such cases, a driver of a motor vehicle has a duty of care to check whether a pedestrian passes the crosswalk in front of the crosswalk by reducing speed and temporarily stopping in front of the crosswalk, and to check whether a pedestrian passes the crosswalk and prevent an accident.

Nevertheless, due to the negligence of neglecting this, the Defendant discovered the victim E (55 years old, female) who cross the crosswalk from the left side of the Defendant’s vehicle to the right side of the Defendant’s vehicle, and received the victim’s right side by his negligence in the front part of the Defendant’s vehicle’s driving vehicle.

As a result, the Defendant caused the victim by negligence in the course of business to suffer injury, such as the aggregate of expenses required for the left-hand treatment for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

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

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended execution [the scope of recommended punishment] are determined as per the disposition in consideration of all the circumstances of sentencing, including the following: (a) the basic area (4 months to one year) of the type 1 (the injury by traffic accidents) [no person subject to special sentencing] [a person subject to sentencing] [a person subject to special sentencing]; (b) there is no history of punishment exceeding the fine; (c) there is no history of punishment exceeding the fine; and

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