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(영문) 서울서부지방법원 2016.05.31 2016고단611
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 the operation of the G-A-hurd motor vehicle.

On February 16, 2016, the Defendant driven the above car at around 05:20 on February 16, 2016, while driving three lanes in front of Mapo-gu Seoul Metropolitan Government H, along the two-lanes in the direction of DMF calendar from the surface of the DMF advanced center.

At the same time, there was a duty of care to prevent accidents, such as the operation of a motor vehicle by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the system of the steering and the system.

Nevertheless, the Defendant neglected this and neglected to make a left-hand turn to the left in the direction of MaBC due to the negligence of entering the intersection in contravention of the signal, and received the front right-hand part of the victim I who entered the intersection as the front right-hand part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, due to the above occupational negligence, from an injury to the victim, of the labbing laps between the right-hand side Daejeon, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Investigation report (verification of black stay images);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of household effects;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. General traffic accidents, injury of traffic accidents, and mitigation area: Imprisonment without prison labor for a period from January to June - Reduction elements: No punishment shall be imposed;

2. Judgment on suspension of execution

(a) Reasons for negative factors: None;

(b) positive factors: Non-taxation or criminal punishment; there is no history;

(c) No reasons for negative general consideration:

(d) positive and general factors: clear social ties, serious reflections, suspension of execution.

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