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(영문) 서울중앙지방법원 2013.04.05 2013고단934

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2012, at around 08:37, the Defendant, while driving C CTT100 Oba and changing the lane to turn to the left at the right while driving along the four-lanes of the Han-do 4 lanes from the Han-do 4 lanes, the Defendant neglected his duty of care and changed the two-lanes to the left at the left as they are, thereby getting the victim D (Seoul, 59 years old) driving along the two-lanes of the same direction as they are running in accordance with CTT 10 and the Defendant's Oba in the Han-do 4 lanes from the Han-do 4 lanes to the Han-do 4 lanes.

The Defendant suffered injury to the victim by occupational negligence, such as the right-side chilling surgery, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report (1), (2);

1. A investigative report (CCTV analysis);

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the decision of type] general traffic accident, type 1 (the scope of sentencing by recommendation] [the scope of sentence by recommendation] [the basic area] April - 10 (the decision of sentence] of imprisonment without prison labor, and the degree of injury to a victim is not easy, and there are unfavorable circumstances in which the victim did not reach an agreement with the victim, but the defendant's driver has paid insurance proceeds of KRW 15,731,040 as compensation for personal damage, KRW 74,750 as compensation for personal damage, and the fact that the insurance proceeds of KRW 15,74,750 as compensation for personal damage has been paid, the defendant is against the age of the defendant, and other sentencing conditions indicated in the records such as the character, conduct, environment and family relations of the defendant are considered.