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(영문) 서울북부지방법원 2016.03.10 2015고단4255
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of imprisonment without prison labor for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On April 17, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven Cununched Motor Vehicles around 10:52, and driven the roads of four lanes in front of the Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-ro, Seoul, along the end of the 2-lane away from the eropher basin of the erop street.

Since the location is an intersection where a signal, etc. is installed, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the signals by reducing the speed and by properly examining the right and the right and the right of the vehicle. However, the defendant neglected to do so and neglected to do so, and thereby, found the victim D(53 tax)'s Esch Rexroth driver's vehicle driven from the right and right side of the vehicle of the defendant, to the left side of the vehicle in violation of the signal, late later, and received the defendant's vehicle's front part of the driver's car with the front part of the driver's vehicle.

Defendant 1 suffered injury to the victim D, who is a driver of Bosch Rexroth car due to the above occupational negligence, such as catum salt, which requires approximately two weeks of treatment, and injury to the victim F (66 years of age) who was on board the Defendant’s vehicle, including catum in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act at the time, at the same time, and at the same time, and at the same place under the preceding paragraph, damaged the Esch Rexroth car driven by the victim D to cover KRW 33,201,250 per repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Written statements of D;

1. Each written diagnosis and written estimate;

1. Application of each photograph and video statute to each scene of accident;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with the most severe punishment and punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act to observe protection and attend lectures;

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