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(영문) 서울동부지방법원 2017.03.30 2016고단4349
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of BMW car.

On November 14, 2016, the Defendant driven the above car at around 10:25 on November 14, 2016, and proceeded with the two-lanes of the two-lane road in Songpa-gu Seoul, Songpa-gu, Seoul, with the view to the shooting distance of the name of the Defendant from the scambling of the two-lanes.

There are two-lanes between the two-lanes in the construction site of subway No. 9, and the construction site of subway No. 1 and the two-lanes, so it is impossible to see the flow of traffic on the left-hand side and the left-hand turn or U-turn is installed on the front side. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as failing to comply with the direction indicated by the traffic safety sign.

Nevertheless, the Defendant neglected this and received the victim D(53 tax)'s front portion of the No. E No. E. E. E. E., which was driven by the straight line at the left-hand side of the Mar. 1 by negligence in violation of the direction indicated by the traffic safety sign, from the left-hand side of the BMW car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time damaged the car above to ensure that the repair cost of KRW 21,256,540 is equivalent to the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (the occupation of occupational and de facto damage);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act.

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