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(영문) 부산지방법원 2016.08.18 2016고단2422
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On March 15, 2015, the Defendant proceeded with the two-lanes of the two-lanes in front of an elementary school at the lower end in the lower end of the Busan Spo-gu, Busan, according to one-lane from the lower end at the lower end of the road at the lower end, and came to turn to the left at the right at the lower end of the road at the intersection.

Since the place has a crosswalk where a signal, etc. is not installed, there was a duty of care to safely drive the vehicle after checking whether there is a person who gets on the way to reduce the speed and see the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and failed to discover the victim C (68 ) who walked at the lower distance from the right edge of the said crosswalk due to the negligence of driving the said crosswalk in a timely manner without putting the front door on a proper view, and thereby received the part of the victim’s bridge from the Defendant’s taxi in front of the taxi.

As a result, the Defendant suffered from the victim’s occupational negligence, which caused approximately 12 weeks of pulverization of the cost that requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A medical certificate;

1. Application of each statute on photographs;

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 and Article 268 of the Criminal Act concerning criminal facts;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the scope of recommending punishment] No (4-1 year) of the basic area (the injury caused by traffic accidents) [the person subject to special sentencing] (the decision of sentencing] (the decision of sentencing] of the Defendant’s incidental driving by the Defendant, and the Defendant’s liability for the crime of causing serious injury to the pedestrian walking along the crosswalk, such as the injury inflicted on the pedestrian walking along the crosswalk.

It can also be seen that the defendant makes efforts to recover damage.

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