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(영문) 서울서부지방법원 2013.04.11 2013고단314

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for three months;

2. Provided, That 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 CT100 Oral Ba.

At around 16:00 on November 17, 2012, the Defendant driven the off-to-road 414-34, Mapo-gu Seoul Metropolitan Government Mangwon-dong, leading to the flow of one-way road from the direction of the network prime market to the World Cup market.

There are signs that prohibit entry into one-way road, so the person engaged in driving service has a duty of care to prevent accidents by not entering the road according to the traffic prohibition sign.

Nevertheless, the Defendant neglected this and went along the one-way traffic route in contravention of safety signs that prohibit the passage, and received the front wheels part of the victim D (W, 63 years old) who went to the left side of the Defendant’s running direction, with the front wheels part of the above Obama.

As a result, the Defendant suffered injury to the victim, including approximately six weeks of medical treatment, by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. The actual traffic accident investigation report and the investigation report;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the first offender, the anti-sex, and the fact being insured);