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(영문) 서울서부지방법원 2015.08.11 2015고단1151

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for one year 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 vehicle of the United States of America.

On May 10, 2015, the Defendant driven the above car on May 19:23, 2015, while proceeding one lane from the 3-lane road in front of Mapo-gu Seoul Metropolitan Government to the lwon post office. In order to proceed to the opposite lane, the Defendant driven the above car.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to safely drive the yellow solid lines.

Nevertheless, the defendant, by the negligence of the central line, got a bicycle that had been driven by the victim E (the 61-year old age), who was living in the opposite direction, was living in the front part of the defendant's vehicle, and turned the victim above the ground floor.

After all, the Defendant suffered injury to the victim, such as the 12 weeks of medical treatment by occupational negligence as above, and the 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the relevant Act concerning the facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, the proviso to Article 2 (2) 2 of the Act,

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the defendant's act of causing bodily injury to the victim in light of the crime of this case and the content of the crime of this case, the degree of negligence of the defendant, the degree of injury to the victim and the side of the victim, etc., the defendant's liability for the crime of this case is not easy, the insurance purchased by the defendant's driver's vehicle can be processed with liability insurance, and the defendant has no special criminal record other than a relatively minor fine.