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(영문) 서울북부지방법원 2014.04.03 2013고단2733
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On September 8, 2013, at around 17:40, the Defendant driven the off-road in front of 148-64, Jung-gu, Seoul, Jung-gu, Seoul, with his duties, driven the off-road in front of 148-64, and proceeded at a speed of about 10 kilometers per hour among the three-lanes at the surface of the Myeon woodba-dong, 2013.

Since a signal, etc. is installed, the victim C (the age of 47) who walked on the right side of the crosswalks at the right side of the defendant's running direction when the victim C (the age of 47) was negligent in failing to perform the duty of care to drive safely according to the signals despite the fact that there was a duty of care to drive safely according to the signals.

As a result, the defendant suffered from the 12 weeks of medical treatment to the victim, the defendant was suffering from the flag and the flag.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements of victims and suspects);

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended sentence for the sentencing guidelines / [type of punishment] traffic crimes, general traffic accidents, injury (type 1): In cases of causing traffic accidents (special sentencing) increased factors: In cases of serious illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the scope of the recommended sentence], August-1 and June (the area of provisional penalty).

3. According to the sentence, the Defendant, while driving a motor vehicle on the part of the motor vehicle, has shocked the victim on the crosswalk in violation of the signal, failed to agree with the victim, and suffered relatively serious damage to the victim. However, the Defendant is obliged to do so.

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