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(영문) 수원지방법원 성남지원 2016.02.16 2015고단2248
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cenz motor vehicles.

On August 7, 2015, the Defendant driven the above car at around 22:25, and driven the front road of the village 4 located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, Seonam-si, with three lanes from the inner shooting distance to the remote distance of Punam-si, at a speed of about 60km per hour.

At the time, there is a night and a zone where a signal is installed to enter an intersection, so there was a duty of care to prevent accidents by safely operating the steering system in accordance with the traffic signals by making a person engaged in driving the motor vehicle well seeing the right and the right and the right and the right and the right and the right, and accurately operating the steering system.

However, the Defendant neglected to make a left-hand turn in violation of the signal and entered the intersection and left-hand turn to the left-hand turn from the right-hand turn at the right-hand edge of the vehicle, and received a two-wheeled vehicle from the victim D(18 years old) who turn to the left-hand turn from the right-hand turn at the right-hand edge of the vehicle.

The Defendant suffered injury to the victim due to such occupational negligence, such as cerebral cerebral cerebrovassis, which requires at least 16 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Reporting of a traffic accident (1) (2);

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

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Concerning Criminal Facts; Article 268 of the Criminal Act; the reason for sentencing of imprisonment without prison labor / [the scope of the recommended sentence] the basic area (from April to October) of the type 1 (the sentencing decision] of the basic area (the sentencing decision] / The victim suffered a very serious injury to the victim in this case; and the victim still wishes to punish the defendant, a sentence of imprisonment without prison labor is inevitable for the defendant.

However, there is no record that the defendant committed another crime before the instant case, and the instant case is seriously against the victim.

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