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(영문) 서울북부지방법원 2016.01.19 2015고단3511
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service BV 125CC.

On July 20, 2015, the Defendant driven the above Orabab on the 10:50 on July 20, 2015, leading the front of the “D laundry” road in Dongdaemun-gu Seoul Metropolitan Government C to the tri-distance from the front side of the outer border.

At this time, there was a place where pedestrians could appear in the residential area, and in fact, the defendant had a duty of care to prevent accidents by emphasizing the front side and accurately manipulating the steering gear and brakes, as a person engaged in Ototoba driving, who is engaged in the operation of Otoba, has a duty of care to prevent accidents.

Nevertheless, the defendant found the victim E (79) who illegally crosses the road to the port from the right side of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the movement to the right side of the road, and the victim was able to go beyond the floor on the front side of the above lebane.

Defendant 1 suffered injury to the victim, such as a light felball flasing the left-hand flasium in need of approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report (1) (2) (2)

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident scene and ozone photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of recommended punishment] There is no basic area (4 months to 10 months) of the first type of traffic accident (the person causing a traffic accident) [the decision of sentence] [the victim's degree of injury is heavy, and the defendant's fault is recognized and reflected in his/her mistake in light of the circumstances unfavorable to the defendant, such as the defendant's past record of the same crime.

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