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(영문) 부산지방법원 2014.07.25 2014고단2660
교통사고처리특례법위반
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 service of B B B B BB125.

On January 15:30, 2014, the Defendant driven the above Oba, and proceeded ahead of the road in front of the Gyeongnam Industrial High School located in the Dongcheon-gu Busan, Busan, to the center from the right edge of the Gyeongnam-do public notice, along the two-lanes of the two-lanes.

Since there are signals and crosswalks, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to signals and signals, and whether there is a person who will reduce speed and see the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and followed the victim C (the age of 63) who dried the crosswalk to the port from the right side of the defendant's moving direction by the negligence of proceeding, while the vehicle signal, etc. installed above the crosswalk is red, and caused the victim C (the age of 63) to go beyond the road, depending on the pedestrian signal.

The Defendant suffered injury to the victim, such as an injury to the left-hand spelkes, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual survey report, diagnostic certificate, and traffic accident-related photograph-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor, considering the fact that the degree of damage inflicted upon the selective victim of the punishment, the degree of negligence of the defendant, and only liability insurance are covered are insufficient;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the part of the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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