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(영문) 서울서부지방법원 2014.09.02 2014고단1107

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 a C Poter cargo vehicle.

On January 15, 2014, at around 09:00, the Defendant moved the three-lane road in front of the Seocho-gu Seoul Western Elementary School, Mapo-gu, Mapo-gu, Seoul, along the private road distance of the upper water area from the remote distance bank in the ethic area in the ethic area in the ethic area, along the two-lanes of the two-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle by accurately manipulating the steering direction and brakes so as not to impede the normal passage of other motor vehicles.

Nevertheless, the Defendant failed to properly operate the steering gear without properly living around it, thereby driving the above cargo vehicle from a two-lane to a one-lane, due to the negligence of driving it from a one-lane, and caused the injured party E (the age of 46) who driven Drown-ababa in a one-lane road at a one-lane, thereby getting the victim E (the age of 46) to drive it over the road in order to avoid a collision with the freight of the Defendant who intruded the one-lane of the vehicle.

The Defendant caused the foregoing traffic accident and caused the victim to suffer a serious injury that is brupted due to the complete damage of water from the 11-12 scarkes, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the occurrence of E traffic accident;

1. The actual survey report on traffic accidents, on-site photographs, and photographs of damaged earth and sand;

1. Application of Acts and subordinate statutes to medical certificates and medical statements (whether serious injury is involved);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reasons for sentencing are indicated below) is [the scope of recommendation] general traffic accident category 1 (the scope of injury resulting from traffic accident) and the aggravated area (from August to January 16) (the specially under special circumstances).