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(영문) 서울북부지방법원 2017.03.30 2016고단4925

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of CSP car.

On May 19, 2016, the Defendant operated the said car in the vicinity of Gangnam-gu Seoul Metropolitan Government D on May 17:40, 2016, while driving the said car in the vicinity of Gangnam-gu, and driving four-lanes of the seven-lane distance off the x-ray.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant received the left-hand part of the F2-wheel in the U.S. drive E ( South, 35 years old) from the left-hand turn to the left-hand turn at the right-hand turn from the left-hand turn due to occupational negligence, which was driven by the occupational negligence without disregarding it even a yellow signal.

As a result, the Defendant suffered injury to the victim by negligence in the above business as above, such as a pelle to the right pelle officer who is subject to approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (the monetary content of the victim);

1. A survey report on actual conditions;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Criteria for sentencing for the reasons for sentencing under Article 62-2 of the Social Service Order Act [type] / [The scope of recommended punishment] / The area of aggravated punishment [the scope of punishment for traffic accidents] - The area of special aggravated punishment (the period between August and two years) - The defendant's negligence is serious and the degree of injury to the victim is serious as a result of the occurrence of an accident due to a violation of signal signaling the decision of the sentenced punishment in the event of serious injury, but the defendant was a primary offender and a motor vehicle comprehensive insurance, and deposited five million won for the victim. The confession of his/her crime is against the defendant's age, sexual behavior, environment, etc., and the punishment under Article 51 of the Criminal Act is imposed.