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(영문) 서울남부지방법원 2015.01.15 2014고단4166
교통사고처리특례법위반
Text

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

except that 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 driving of Poter Cargo Vehicles B.

On June 29, 2013, the Defendant driven the above vehicle on June 13:13, 2013, and proceeded along the south cycle of 685, Guro-gu, Seoul, along the two lanes between the two lanes between the two lanes in the GuroIC and the two lanes among the three lanes in the GuroIC.

In this case, the driver of a motor vehicle has a duty of care to change the lanes by operating direction direction, etc. to give prior notice of change of course to the driver of the motor vehicle and preventing accidents by properly examining the traffic conditions of the front and rear left.

Nevertheless, the defendant neglected this and changed the two lanes from the two lanes to the one lane, and received the front part of the 49cc occ, which was driven by the victim C(the age of 26) who was driving in the first lane, as the vehicle loaded by the defendant, the above occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ occ o

Ultimately, the Defendant caused the victim C to suffer a serious injury due to the above occupational negligence by causing the victim C to the left-hand scopic scopic scopic scopic state (defic state).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each traffic accident report;

1. Investigation report (to hear statements from C and F telephone);

1. The application of each medical certificate and written opinion (section 44 through 51 of the Investigation Records);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accidents in general, where there occurs a serious injury (the person under special jurisdiction] in the area of aggravation (eight to one year and six months) (the decision of sentence] (one type), the defendant's fault and degree of damage, etc.

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