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(영문) 서울중앙지방법원 2015.06.10 2015고단1450
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 the operation of the Lone Star vehicle.

On November 27, 2014, the Defendant driving the above vehicle around 16:45 on November 27, 2014, and driving the two-lane road in front of the exit 94, a 6-lane air route in Dongjak-gu Seoul Metropolitan Government, along one-lane, from the front side of the riding line to the front side of the riding line.

To proceed as an opposite lane, the U.S. came to be a U.S.ton.

Since the place is where the center line of yellow-ray is installed, the driver of the vehicle has a duty of care to thoroughly perform the duty of front-time care for the person engaged in driving the vehicle and to prevent the accident in advance by safely keeping the tea at the permissible point of U.S. for the internship.

Nevertheless, the Defendant neglected this and took part in the part on the right side of the driving vehicle of the victim D(the 44 years old) who was driving along one-lane due to the negligence of an illegal internship by neglecting the center line.

Ultimately, the Defendant suffered from a serious injury to the victim due to the loss of the horse by the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to medical statements, investigation reports (report attached to a victim's diagnosis report);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act): The execution shall be suspended in consideration of the following: the defendant's misconduct

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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