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(영문) 서울서부지방법원 2012.11.08 2012고단2055
교통사고처리특례법위반
Text

1. The punishment of a defendant shall be determined by imprisonment without prison labor for eight months;

2. Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 1, 2012, at around 13:00, the Defendant driven CDamar Cargo Vehicles, and proceeded along the 467 Round-dong, Mapo-gu, Seoul, with one-lane, from the 5-lanes, to the public morals-based, depending on one-lane. On the front side, there is a crosswalk where signal lights are installed, and the traffic signs are attached to the above signal lights only for pedestrian signal.

In such a case, although the defendant had a duty of care to drive safely in accordance with his new name, he was negligent in driving the victim D(30 years old) driving on the opposite side of the five-lane opposite to that of the signal, with the two-lane opposite to that of the signal, and the two-lane opposite to that of the victim D(30 years old) driving on the opposite side of the mountain, and the oil tank part on the left side of the left side of the cargo of the defendant.

The Defendant suffered by negligence on the part of the victim the upper left-hand side of the 12 weeks of treatment, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A fact-finding report, an investigation report (general), - an on-site photo obtained, an original copy of the site of an accident site, an investigation report (general), an investigation report (general), - a photograph of video data at the time of an accident, a photograph of the site, an investigation report (general) - a standard signal control database of public morals, an investigation report (general) - Two copies of a victim's diagnosis report.

1. Application of Acts and subordinate statutes to express opinions;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. On the ground that there was no agreement between the victim and the victim under Article 62(1) of the Criminal Code of the suspended execution, and the victim's side wants to punish the defendant's severe punishment, the vehicle has been covered by the comprehensive motor vehicle insurance, and the defendant has no criminal record of the same kind and has been punished for a heavier punishment than the suspended execution.

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