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(영문) 서울중앙지방법원 2013.05.24 2013고단1171

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B Round.

On December 29, 2012, the Defendant driven the above vehicle on December 29, 2012, 08:34, and driven the four-lane road in front of the 380 Seocho-gu Seoul, Seocho-gu, Seoul, along the two-lane distance from the south side of the Seoul, toward about 60km in speed.

At the same time, there was an intersection in which signal apparatus was installed, so there was a duty of care to prevent accidents by safely driving the driver by complying with the vehicle signal and operating the brake system.

Nevertheless, the defendant neglected to do so and instead entered the intersection while the vehicle signal has been changed to red, and the victim C (33 years old) driven by the green signal from the right side to the left side of the intersection, which is driven by the victim C (33 years old) to the left side of the vehicle, received the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting off the left-hand laverization of lavers and cutting off the lavers, which require approximately 14 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Investigation report (receiving a wooden currency and image data);

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

1. In light of the relevant legal provisions on criminal facts and the proviso of Article 3(1), Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, and Article 268 of the Criminal Act / [decision of type of imprisonment without prison labor] Traffic crimes, general traffic accidents, and Type 1 (Bodily Injury resulting from Traffic Accidents) of the Criminal Act / None of [the scope of recommendation] [the scope of recommendation] / April - 10 [the decision of sentence] of imprisonment without prison labor / [the decision of sentence] is violated by the defendant, the degree of injury is heavy, there is no effort to recover from damage by agreement with the victim or damage.