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(영문) 서울북부지방법원 2016.02.18 2015고단4548
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On November 17, 2015, the Defendant driving the said car at around 21:33, and proceeding a three-lane road in front of the point below the Seoul Nowon-gu Seoul Special Metropolitan City Nowon-gu, Nowon-gu, along the one-lane of the Nowon Police Station from the air hill tunnel to the air gate of the Nowon-gu Police Station. While the vehicle signal prior to entering the intersection changed to a yellow signal, the Defendant’s failure to enter the intersection and proceed with the intersection in contravention of the signal, led the victim’s car driving (48 e.g., the front portion of the Defendant’s vehicle) driving in front of the Defendant’s vehicle in front of the Defendant’s vehicle in the opposite direction while driving the said car at around the opposite direction, the front portion of the FF car in front of the victim E (50 e.g.) parked in the opposite direction.

After all, the Defendant suffered injury to the victim C, such as light catum cat, etc. which requires approximately three weeks of medical treatment, the victim E need to receive approximately one week medical treatment, and the victim G (V, 20 years of age) who is a passenger car in the flat-house, and the victim G (V, 20 years of age) who is the passenger car in the flat-house.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a survey report on the actual condition, a vehicle boomer image, and a medical certificate;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Inasmuch as the grounds for sentencing under Article 62(1) of the Criminal Act are superior concurrent crimes with the reasons for sentencing under Article 62(1) of the suspended sentence, the sentence of imprisonment without prison labor shall be chosen in that the instant traffic accident is caused due to the non-applicable signal of the sentencing guidelines, and the degree of damage is not minor. However, the Defendant reflects

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