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(영문) 서울남부지방법원 2015.10.08 2015고단3535

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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 of a Poter Cargo Vehicle B.

On June 14, 2015, the Defendant driven the above cargo vehicles on June 23:45, and got the 28-road in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to proceed to the direction of the new wind station in the direction of the Gangnam-gu Hospital.

At the time, there is a place where the center line of the yellow-ray is installed at night, so the person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the defendant neglected to do so and neglected to turn left the center line, and followed the unregistered motor bicycle of the victim C(17 years old) who was proceeding in the opposite direction of the defendant who was living in the opposite direction of the victim C(17 years old).

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim C, such as subargur, which requires approximately 8 weeks of medical treatment, and that the victim D (the 16-year-old age), who was a motorcycle driver, suffered injury, such as the left fladation of fladral fladr, bones, etc. requiring medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and C;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs related to traffic accidents;

1. Statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to medical certificates for preparation of doctor;

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 (Punishment prescribed for the said crime against C with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act, the following results arise: (a) the mitigation area (one to six months) (including special mitigation), the punishment not (including serious efforts to recover from traffic accidents) (the decision of a sentence], but the defendant is the first offender without previous conviction, and the accident.