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(영문) 서울북부지방법원 2014.05.01 2013고단1867
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor bicycle BCA110.

On July 15, 2013, the Defendant driven the above motorcycle at around 12:20 on July 15, 2013, and tried to enter a one-lane in order to turn to the left while driving the three-lanes of the three-lanes in front of 68-1, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the turn to the left at an uneasible speed from the face of the shooting range.

In such cases, there was a duty of care to change the lane so as not to obstruct the progress of the vehicle in progress in the lane that the person engaged in the motor vehicle driving duty intends to live well before and after the vehicle and change it.

Nevertheless, the Defendant neglected this and caused the change of the lane from the three lanes to the one lane by negligence, and did not take the DNA motorcycle driven by the victim C(the age of 18) who was in the first lane at the time, and the front part of the above motorcycle and the left part of the motorcycle driven by the suspect are faced with each other.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the Defendant’s mallelet, the right slotle, each of which requires approximately eight weeks of treatment, and the Defendant’s rupture rupture, both of which, and the lower part of both inner and lower walls.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A supplementary statement of C;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. Application of the Visual photographic Acts and subordinate statutes;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [type] traffic crimes, general traffic accidents, injury by traffic accidents (type 1] (Scope of the recommended sentence] 4 April-10 (basic area);

3. Determination of sentence is the first offender, and the defendant's driver's office has subscribed to the liability insurance.

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