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(영문) 서울북부지방법원 2015.09.24 2015고단1762

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

At around 08:55 on November 8, 2013, the Defendant driven a CSS3 car and continued to operate the Ecafeteria in front of the cafeteria in Seoul Central Government, which is located in D, with the care of a e-mail from the sM3 driver, and failed to accurately operate the steering gear on the surface of the sM3 driver, and due to the occupational negligence affected the central line, led to the left-hand turn signal on the first line of the opposite road, while waiting to the left-hand turn on the right-hand turn on the right-hand part of the FM5 car, which was stopped, while driving the G bus in front of the e-lane in Seoul Central Government, the Defendant continued to take the front-hand part of the G bus driving on the second line of the road in the opposite direction, and sustained the above 3-day treatment for the victim, who is the driver of the above SM5 car, by taking the front part of the said e-day driver's vehicle in front of the above SM3 car, and suffered the victim's injury to the above 3-day.

Summary of Evidence

1. Defendant's legal statement;

1. A or H's written statements on the occurrence of each traffic accident;

1. A medical certificate (No. 7 and 8) and a statement of opinion;

1. A traffic accident report;

1. Investigation report (related to the death of victim I);

1. An investigation report (with regard to circumstances of death);

1. A investigative report (act, etc. of those who have shown onCCTV);

1. Investigation report (handling3 driver (Death) seriously);

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be limited to the category 1 of general traffic accidents (the injury caused by traffic accidents) and the basic area (the safe from April to October) (the special person).