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(영문) 서울서부지방법원 2016.08.18 2016고단993

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is engaged in driving a rocketing taxi (D Lasta car in written indictment seems to be a clerical error).

On March 9, 2016, around 07:31, 2016, the Defendant driven the said three-lane of the 23-lane road in front of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, 55-do, at the 55-lane road in front of the 55-lane, and driven the said vehicle in the direction of the house of a will.

In this case, there was a duty of care to prevent accidents in advance by safely driving according to the traffic signal and sign to a person engaged in driving of a motor vehicle who is engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected to turn to the left in the zone where the left is prohibited to turn to the left at the same direction, and there was a conflict between the two parts of the front right side of the car driven by the victim E (W, 27 years old) under the new subparagraph and the front side of the car driven by the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment, such as the left-hand frame and the pellet.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] No person who does not exist in the basic area (for April to October) of Class 1 (Bodily Injury by Traffic Accidents) [Judgment of sentencing] [Judgment of sentencing] the degree of negligence of the defendant is significant, the degree of negligence of the defendant is serious, the victim is serious, and no agreement is reached with the victim even though the victim is injured: Provided, That the vehicle of the defendant is contrary to his own, the vehicle of the defendant is affiliated with the mutual aid association; the defendant has no record of punishment for the same kind of crime; and the defendant's age, sexual behavior is other than that of the defendant.