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(영문) 부산지방법원 2017.11.15 2017고단4704
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a driver car of BMW Mu Puu Pu Pu Puw.

On July 19, 2017, the Defendant driven the above car at around 23:30, and driven the three-lane road in front of the post office located in the safe-dong of Busan Dong-dong at a non-speed speed depending on the two-lanes from the intersection of the inner road to the intersection of the inner road.

There are crosswalks where signal lights are installed on the front side, so it was confirmed whether a person engaged in driving service has a duty of care to reduce the speed and to see well the right and the right and the right and the right of the driver, and to drive safely in accordance with the new code.

Nevertheless, the defendant neglected to stop the vehicle driving signal while proceeding, and caused the victim C (32 ) who dried the crosswalk from the left side to the right side in accordance with the pedestrian signals, to go beyond the ground by taking the victim C (32) as the front part of the above car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of the body frame, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Taking into account all the factors of sentencing, including the following: (a) the relevant criminal facts; (b) Articles 3(1) and 3(2)1 and 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment; (c) Article 268 of the Criminal Act; (d) the reason for sentencing of imprisonment without prison labor (the scope of recommended punishment); (b) the aggravated area (8 to 2 years); (c) (d) the special aggravated person (excluding special aggravated person); (d) the illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases Concerning the Traffic Accidents; (e) the fact that there is no history of punishment exceeding a fine; (d) the degree of injury inflicted on the victim; and (e) the fact that there is no particular effort to recover damage.

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