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(영문) 부산지방법원 2017.03.21 2017고단992
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 the crym scambling scambling trucks.

On November 22, 2016, the Defendant driven a above cargo vehicle on or around 05:10 on November 22, 2016, and proceeded along a three-lane road at the new intersection in front of Busan, Jin-gu, Busan, along one-lane, and became left left to the intersection from the front intersection to the third-way intersection.

The location was an intersection where signal, etc. is installed in the front line, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle according to the traffic signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and led the victim D(34) driving seat of the E-Poter to the front right side of the cargo vehicle of the Defendant, which was proceeding in accordance with the straight line on the front side.

Ultimately, the Defendant suffered approximately 16 weeks of care due to the occupational negligence as above from the victim’s abstinence, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A traffic accident report;

1. Photographss related to traffic accidents;

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 choice of imprisonment without prison labor, concerning criminal facts;

1. While having inflicted serious injury on the victim by negligence of the defendant for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the sentence as set forth in the Disposition shall be determined by comprehensively taking account of the defendant's age, sex behavior, environment, circumstances leading to the crime, circumstances after the crime, etc.

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