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(영문) 부산지방법원 2015.02.09 2014고단9903
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a car with Crato.

On October 6, 2014, the Defendant driven the above car on the 07:25th day of October, 2014, and proceeded the two lanes of the two lanes of the two lanes of the two lanes of the two lanes of the two lanes in Busan Jin-gu, Busan, at the speed of about 88 kilometers from the intersection to the intersection of the two lanes.

In such cases, since there is an intersection where signal lights are installed on the front side, the traffic signal was safely driven according to the traffic signal, and there was a duty of care to prevent accidents in advance by driving at a fixed speed of not more than 60km.

Nevertheless, the Gpoter trucking part of the Gpoter trucking part of the victim F(76 years old) driving, which was in violation of the signal from the right edge to the right edge due to the negligence of failing to observe the regulatory speed, and without observing the regulatory speed, was shocked with the front-hand part of the car.

As a result, the Defendant suffered injury, such as blood transfusion, due to the above occupational negligence, from the injury of the victim, which could not be known.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on a traffic accident, report on the occurrence of a traffic accident, photographs (fields, vehicle photographs), investigation report (in cases of black stuff images), photographs, photographs of witnesses, and reports on the appraisal and inspection of the State and the State;

1. Application of the legislation in its opinion;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] general traffic accidents in the category 1 (the injury of traffic accidents) (the person subject to special mitigation) (the person subject to special mitigation) and 1 (the person subject to special mitigation), in the case where a punishment is not imposed (including a serious effort to recover the injury), and in the case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious (the decision of sentencing], but the degree of injury of the victim is serious, in violation of the signal of the occurrence of the accident in this case.

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