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(영문) 부산지방법원 동부지원 2020.05.27 2019고단2107
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of GTS30 EV 263CC wheeled Vehicle B.

Around 17:40 on May 20, 2019, the Defendant driven a two-wheeled vehicle, which is a child protection zone, led to the two-lanes of the three-lane road in front of the front door of Busan Shipping Daegu Apartment Complex, which is a child protection zone, to E-sections from D on the face. Since there was a crosswalk where a vehicle and a pedestrian signal, etc. are installed on the front door, the Defendant had a duty of care to reduce the speed for the suspect engaging in driving the vehicle and to safely drive the vehicle in accordance with the traffic signal, thereby preventing the accident in advance.

Nevertheless, the defendant neglected this and continued to proceed in violation of the signal even though the signal of the vehicle was red, and the victim F (the age eight) who dried the crosswalk in accordance with the green signal from the right-hand side of the course to the left-hand side of the signal was assigned to the front part of the two-wheeled vehicle.

As a result, the Defendant suffered injury, such as the removal from the left-hand body, which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each fact-finding report, a statement of the occurrence of a traffic accident, a photo at the scene of an accident, a medical certificate, and a photograph for booms video images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

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

2. Aggravation of the types of recommendations according to the sentencing guidelines [decision of types] and the scope of ordinary traffic accidents [type 1] and the aggravated factors of traffic accidents: Cases where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or cases of climatic driving (excluding the area of recommendations and the scope of recommendations] increased area, and August through two years by imprisonment without prison labor.

3.The following circumstances and the age, character and conduct of the defendant in the decision of sentence:

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