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(영문) 서울중앙지방법원 2013.10.11 2013고단4310

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car of the CBelgium which is owned by B.

On June 15, 2013, the defendant driving the above vehicle at around 05:24, and driving the two lanes between the four-lanes in front of Jongno-gu Seoul Jongno-dong 83, Jongno-gu, Seoul, at the non-speed, and sent the signal to the same intersection, and the 7-line turn to the left at the intersection from the new east-dong.

Since the location was an intersection with a signal apparatus, a person engaged in driving duty has a duty of care to safely turn to the left according to the new code.

Nevertheless, the defendant was driven by the victim D (25 years of age) who was driven by the defendant due to the negligence of left-hand turn on the red signal in violation of the signal, and was driven by the victim D (25 years of age) who was driven by the same air from the Dong-gate bank.

As a result, the defendant suffered from the above victim's negligence in the course of the above business to the left-hand side of about 16 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Photographs (record 15);

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

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act for sentencing [the decision of a sentence] traffic crime, general traffic accident, and type 1 (the injury of traffic accident): None of the factors to be mitigated: The mitigation element: [the scope of the recommendation penalty] / [the decision of a sentence] / [the decision of a sentence of a punishment] / the defendant paid a traffic accident by negligence in violation of the signal, the degree of injury to the victim, etc. However, there are unfavorable circumstances such as the defendant's negligence in violation of the signal, but the defendant is in depth going against his mistake.