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(영문) 서울중앙지방법원 2017.02.15 2016고단9213
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a CM5 car.

On July 6, 2016, the Defendant driven the above car at a speed of 20:10, the Defendant driven the above car at a high speed of 3 lanes in front of Gwanak-gu Seoul Special Metropolitan City D in Seoul Special Metropolitan City, along with one-lane from the basin of the scarcity to the scarcity of the scarcity.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so a person engaged in driving motor vehicles has a duty of care to safely drive the motor vehicle by living the front door well and by maintaining the tea line.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle, and the vehicle was driven along the center line in order to go toward the south port direction, and was driven by the victim E(34 ) who driven the F motor device that the Defendant driven along the two-lanes of the three-lane two lanes, one of the two-lanes of the two-lanes.

Ultimately, the Defendant suffered approximately 15 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A report on investigation (for example, booms and videos of vehicles);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (such as: (a) the Defendant has no criminal history heavier than the sentence of a fine so far; (b) the Defendant appears to have reached an agreement with the victim solely; and (c) the victim appears to reflect.

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