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(영문) 의정부지방법원 고양지원 2016.10.21 2016고단2257
교통사고처리특례법위반(치상)
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 Obane.

At around 22:10 on June 30, 2016, the Defendant driven the above Oralba, and made the two-lanes of the D convenience points in Yongsan-gu, Busan Metropolitan City turn to the left in accordance with one-lanes from the direction of the Jinna-dong.

At night, when intending to turn back to the non-protection unit, the driver had a duty of care to prevent the accident by making a good look at whether there is a vehicle in the opposite part, and by safely making a left-hand turn.

Nevertheless, the defendant neglected to turn to the left immediately without neglecting it and caused the victim to turn to the right ahead of the driver's letobane by shocking the front part of the driver's 24 years old driving of the victim E (the 24 years old).

As a result, the Defendant suffered injury to the above victim, such as the upper left-hand pelvis A, which requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, general traffic accident and first type;

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, four months to one year;

3. Determination of sentence: Four months of imprisonment without prison labor and one year of a suspended execution (including the fact that the injured party is serious, that the injured party is not agreed, that some damage is able to be compensated due to subscription to liability insurance, and that the accident occurred while making a left-hand turn to the left at night in a non-protection zone);

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