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(영문) 서울동부지방법원 2014.10.29 2014고단2166

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 a car in C re-car.

On May 29, 2014, the Defendant driving the said car around 16:40, and driving the car on May 29, 2014, along the four-lane of old doctor distance in 505, Gwangjin-gu Seoul Special Metropolitan City, one-lane from among the four-lane roads of old doctor distance toward the Olympic Winter.

The signal atmosphere was in the atmosphere.

At this point, there is an intersection where signal lights are installed, so in such cases, there was a duty of care for a person engaged in driving of a motor vehicle to safely drive the motor vehicle in accordance with the signals.

Nevertheless, even if the defendant neglected this and did not turn to the left, the defendant was driven by the victim D (the age of 40) who followed the new subparagraph in the opposite direction by negligence, and received the front wheels of the victim D (the age of 40) of the ECA110S Ortoba as the front part of the defendant's vehicle.

The Defendant suffered an injury, such as escape from the body of the left-hand body, which requires approximately 16 weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Photographss, records, etc.;

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 [the scope of recommending punishment] general traffic accidents in the area of mitigation (one to six months) (special mitigation) of types 1 of traffic accidents in the area of mitigation (the determination of sentence] (the defendant has caused a traffic accident in violation of the signal, the victim's injury was serious, the victim's injury was serious, and the fact that there was a record of being punished twice due to drunk driving.

However, the order is issued in consideration of all the circumstances, such as the fact that the defendant is against the victim, the fact that the defendant has agreed with the victim, the fact that he is covered by a comprehensive insurance, there is no criminal record of the same kind and there is no criminal record of the suspension