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(영문) 부산지방법원 2020.10.08 2020고단2875
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, 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 of the vehicle B at low price.

On November 26, 2019, the Defendant driven the above car on November 23:34, 2019, and led the four-lanes in front of the “D” located in Geum-gu, Busan to drive approximately 88.5km each hour from the southwest to the southwest-do.

At the time, it is night and its place is 50km per hour, so there was a duty of care to prevent accidents in advance by complying with the speed limit and driving safely by checking well the right and the right of the vehicle driver.

Nevertheless, the Defendant neglected this and got the victim E (the South and the age of 57) who was crossing the road without permission from the right side of the defendant's running direction to the left side of the road when he was negligent in driving the restricted speed exceeding about 38.5 km per hour, and had the victim go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the blood in the external cerebral cerebral le, which requires approximately 20 weeks medical treatment.

Summary of Evidence

1. A written statement of the F statement issued by the defendant in his/her court (whether it is a serious injury) and an analysis of traffic accidents;

1. Application of Acts and subordinate statutes to photographic images of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 2

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 1] mitigation element of traffic accidents (the special sentencing factor]: If the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, serious injury (including efforts to recover the damage) shall be aggravated.

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