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(영문) 의정부지방법원 고양지원 2012.12.13 2012고단1470
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle BMW 528i.

On September 27, 2012, the Defendant driven the car above 19:50 on September 27, 2012, and turned to the left at about 10-20 km per hour depending on the one-lane of the road, at the entrance of the Hancheon apartment, which is located in the Seocheon-si, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

Since there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and keeping the signal well.

Nevertheless, the Defendant neglected this and did not discover DNA driving by the injured party C (the aged 16) according to the straight-distance signal from the offline of the steering-line to the front line, and received the above part of the upper right part of the front line with the front line of the said car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the 16-day high-ranking executives in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to investigation reports and diagnosis reports;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act.

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment corresponds to traffic crimes in accordance with the sentencing guidelines and the injury caused by a general traffic accident of category 1. Since the victim does not want to be punished by mutual consent with the legal representative of the victim, the scope of sentencing for the special person who is the element of mitigation is from January to June.

Even if imprisonment without prison labor is selected, the upper limit of the sentencing range according to the sentencing guidelines is only six months.

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