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(영문) 서울중앙지방법원 2013.09.13 2013고단4607
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of Csi.

On May 1, 2013, at around 02:37, the Defendant proceeded along the two-lanes of the three-lane road in the New-dong, Jung-gu, Seoul Special Metropolitan City with the approximate surface in the claim basin.

Since the restricted speed is 60 km per hour, a person engaged in driving service has a duty of care to prevent accidents by complying with the restricted speed, seeing the front side, and driving.

Nevertheless, the defendant is proceeding 95 km a hour, and the defendant neglected to do the front-way, so that the victim D who illegally crossed from the right side of the direction to the left side was shocked to the front-way part of the defendant's vehicle and exceeded the road.

As a result, the defendant suffered approximately 12 pulverizations between the left-hand booms requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. An accident vehicle photograph and on-site photograph;

1. Investigation report (fluor, fluor, video photo files);

1. Blue cinematographic photographs;

1. Details of comprehensive operation ( analysis of operation programs);

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [decision of a sentence] Traffic crime, general traffic accidents, and Type 1 (Special Aggravation of Traffic Accidents): None of the factors to be mitigated: There is considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim (the scope of recommending punishment] 6 months of imprisonment without prison labor / [decision of sentence] 6 months (the scope of mitigation] / by negligence on the part of the defendant driving a limited speed exceeding 20 knife, the degree of injury to the victim is very serious, and there is no agreement with the victim, but there are unfavorable circumstances such as the defendant's timing of and mislead the crime of this case.

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