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(영문) 부산지방법원 2013.05.21 2013고단57
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

On September 16, 2012, the Defendant driven the above vehicle around 15:20 on September 16, 2012, and driven the front road of the Hansung apartment in Busan Sung-gu, Busan, along the two-lanes in the direction of turning the front of the Hansung apartment in the direction of cutting off from the New Pung-gu.

Since the place has a center line of yellow-ray, in such a case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle can live well in the front and safely prevent the driver's accident in advance.

Nevertheless, the defendant neglected this and conflict with the front part of the victim C(the age of 30) driving DBS125CC, which was proceeding in opposite to each other due to the negligence of the defendant's her central line, with the right side of the defendant's car.

As a result, the defendant suffered from occupational negligence the injury of the victim, such as a sexual scarcity, which has no open room within the scarcity that requires treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. C’s statement;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as agreed with the victim, the fact that there is no criminal record of the suspension of execution or more, the fact that the motor vehicle comprehensive insurance is subscribed, and the fact that it

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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