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(영문) 서울남부지방법원 2015.03.26 2015고단305

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 one year 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 a DNA car.

At around 15:30 on November 24, 2014, the Defendant, at the end of Geumcheon-gu Seoul Metropolitan City, had the horse history distance of 368, which is located in the city of Geumcheon-gu, 15:30, run at an insular speed, depending on the seven-lane distance between the seven-lanes.

Since the location is an intersection where signal lights are installed, there was a duty of care to prevent accidents by thoroughly manipulating the steering direction and brake system of the motor vehicle in accordance with the signals such as signal to the person engaged in driving the motor vehicle, and to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the defendant neglected the signal of the signal, which was moving to the left at the right edge of the victim E (the age of 19) driving, which was moving to the left at the right edge due to the negligence of neglecting the signal of the signal of the signal of the front-down city and going to the left turn on the opposite side of the signal, and caused the front right part of the signal of the defendant driving to go to the floor.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body body felbing on the right side in need of treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 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;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act on the grounds that there is no basic field (of April to October) of the first type of traffic accident (decision of sentence] [Judgment of sentence] [Article 62(1) of the Criminal Act on the grounds that there is no special person] [Article 62(1) of the Criminal Act on the grounds of negligence and degree of damage of a defendant, but the liability for the crime is not easy, but the fact that the defendant recognizes and reflects the crime, that the defendant