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(영문) 부산지방법원 2021.02.02 2020고단3837
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 a motor vehicle B and C.

On August 20, 2020, the Defendant driven the above cargo vehicle at around 17:53 on August 20, 2020, proceeded along the intersection in front of the D office located in Busan So-gu, to the intersection at the center, and stopped in front of the red signal crossing, but due to occupational negligence, which proceeded in front of the red signal, in violation of the signal, and did not find out the victim E (74 years) crossing the road along the pedestrian signal from the left side of the Defendant’s vehicle driving in front of the said cargo, and did not find out the victim E (74 years) who was crossing the road, and turned over the above cargo to the victim.

As a result, the Defendant suffered injury to the victim, such as blood transfusion from an external wound, which does not have any two wounds in need of medical treatment of about 12 weeks, due to the above occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, traffic accident report (survey report on actual condition), internal investigation report (in case of attaching a black image), investigation report (in case of victim status), and diagnosis report (in case of victim status);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 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. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] of the ordinary traffic accidents [the Class 1] caused by traffic accidents [the special sentencing factors] mitigation factors: Where an injury occurs among the aggravated factors of punishment (including serious efforts to recover damage): The basic area of the recommendation and recommendation [the scope of the recommended punishment], April through one year;

3. Determination of sentence: April of a credit cooperative, and one year of a suspended execution, the Defendant exceeded the crosswalk by negligence in the course of business in violation of the signal signal in front of the crosswalk and sustained an injury to the victim who is in need of at least 12 weeks of medical treatment by shocking the damaged person crossing the road.

(b).

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