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(영문) 서울북부지방법원 2016.01.12 2015고단3397

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2015, the Defendant driven a fwing freight truck B around 19:08 and proceeded along three-lanes from the steel bridge in front of the building in Dongdaemun-gu Seoul, Dongdaemun-gu, to the string distance width. On the other hand, a vehicle signal, etc. is installed in front of the building in Dongdaemun-gu, Seoul, and U-turn is not allowed, due to the negligence in the course of business that was illegally carried out in the direction of the drinking park in violation of the crosssection signal, and the Defendant was driving straightly in the direction of the drinking park in the direction of the drinking park in line with the same direction.

D) A victim E (22) who is the driver of the above Oral Ba in front of the left-hand side of the above Oral Ba, suffered damage to the extension in open room within the lectures requiring approximately 40 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. On-site photographs, ctv images;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (the diagnosis of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the general traffic accident case in which the victim was negligent in causing traffic accidents or expanding damage caused by the occurrence of traffic accidents even to the victim of the special mitigation area (one month to six months) (special mitigation person].

2. As the Defendant’s decision on the sentence of sentence has suffered serious injury to the victim due to the fact that he/she violated signal signals and did not pay the sentence of imprisonment without prison labor, the Defendant has no record of criminal punishment exceeding the fine, reflects the fact that he/she has no record of criminal punishment, and has agreed to subscribe to liability insurance, and the victim has also contributed to the occurrence of the accident or the expansion of damage by violating signal, and the health status of the victim.