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(영문) 서울북부지방법원 2016.02.04 2015고단4078

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 a person who is engaged in driving of two-wheeled vehicles B WW125.

On August 15, 2015, the Defendant driven the above 00:05, and proceeded with the three-lanes of the road in the same way Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, along the two-lanes of the 1114 East-do road from the hill bank to the lower underground roadways.

At the time, at night and at a crosswalk where signal lights are installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a right-hand side and right-hand side and right-hand side and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and got the victim C (35) of the victim C (35) who was a pedestrian signal at the right-hand side of the direction of the defendant's Otoba in the direction of the direction where the defendant's Otoba, left the right-hand turn on the road due to the negligence of the defendant's failure to go beyond the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim, such as an anti-fluence in the right ske, which requires approximately 18 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. C’s statement;

1. A medical certificate (No. 12 No. 12);

1. Reporting of a traffic accident (1) (on-site investigation report);

1. On-site photographs;

1. Application of Acts and subordinate statutes on report of internal investigation (the internal investigation, etc. of witnesses);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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 occurrence of a traffic accident or damage to the victim in the area of special mitigation (one month to six months without prison labor) (the person with special mitigation) within the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines.