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(영문) 서울동부지방법원 2014.03.27 2014고단162
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant, who is engaged in driving Otoba, driven the above Otoba, and proceeded at the speed of 60 KK at a speed of 10 KK per hour, depending on three-lanes of the old will distance from the Yayang-dong, Gwangjin-gu, Seoul, at the speed of 111-72.

Since the surface was milked at the immediately preceding cost, a driver of a motor vehicle has a duty of care to prevent accidents in advance by operating a steering gear and a brake by accurately operating the steering gear and the steering gear by reducing speed and securing a safe distance to avoid any collision with the motor vehicle ahead at the same time.

Nevertheless, the defendant, without reducing speed, has neglected his duty at the time of the front-time and has failed to do so and has been driven by the negligence in front of the C driver's vehicle at the time of the front-time taxi.

As the above Oral Bas are cut down on the floor, the victim E-driving F. F. F. F. F. F. F. F. F. F. F. F. F. F., which was parked after the above taxi with the back wheels, had the victim receive the above F.M. F. F. F. F. F. F.

Ultimately, the Defendant suffered from the injury of pressure Section 1, which requires approximately 12 weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. A written statement prepared in C;

1. Application of traffic accident reports, each photograph, and diagnosis reports to statutes;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. 양형기준상 권고형의 범위 : 금고 4월 ∽ 10월 교통범죄군, 일반 교통사고,...

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