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(영문) 부산지방법원 2015.10.07 2015고단4632
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for 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 a 31 ton truck B.

On May 8, 2015, the Defendant driven the above truck on May 17:30, 2015, and led D to drive the front of the road in Busan Gangseo-gu, Busan, to the airport from the lower side.

Since the place has a crosswalk where signal lights are installed, there was a duty of care to check whether there is a person who saves a road by reducing speed and by checking well the right and the right and the right of the road, and to safely drive the road according to the new subparagraph.

Nevertheless, the Defendant neglected to do so, while disregarding that the vehicle progress signal is changed to red stop signal, and due to the negligence of proceeding, the Defendant received the victim E (the 12-year age), who was riding a bicycle on the left side of the direction of the truck along with the pedestrian signal, as the front part of the truck.

The Defendant suffered from an injury to the victim in light of the foregoing occupational negligence, which caused approximately eight weeks of medical treatment to the victim, in the absence of an open room.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement prepared by the defendant and E;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, photographs of victims, and diagnostic reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Determination of type): General traffic accidents; Type 1 (Bodily Injury from Traffic Accidents); and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of recommendation) from April to October;

2. Determination of sentence: Comprehensive consideration shall include the fact that a comprehensive insurance is subscribed, the fact that no agreement has been made with the victim, and the fact that no criminal record exists; and

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