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(영문) 의정부지방법원 2016.04.15 2015고단4803
교통사고처리특례법위반등
Text

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

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

(e).

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star passenger car.

On November 6, 2015, the Defendant driven the above vehicle at around 19:35 on November 6, 2015, and proceeded with the road at the intersection in front of the entrance of the home plug in South Eup/Myeon, which is located in the Republic of Korea, from the bank of C, to the area of the Eup/Myeon office located in the jurisdiction of the Eup/Myeon.

At the same time, there was an intersection where signal lights are installed, so there was a duty of care to check whether a person engaged in driving service has a vehicle passing through the intersection by checking the front side well, and to safely operate by observing the signal on the front side, thereby preventing accidents.

Nevertheless, the Defendant neglected this and proceeded with the front part of the victim D(W, 32 years old) driving EK3 passenger cars in the opposite part due to the negligence that was carried out by the U.S. S. S. S. S. S. S. as well as the front part of the said L.S. passenger car.

Ultimately, the Defendant suffered from the injury of the above victim, such as cutting down and closing down the body of the body and the body of the body in need of approximately 10 weeks of treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Photographs photographs of black stuffs and video materials;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (the point of causing bodily injury caused by occupational negligence and the choice of imprisonment with prison labor);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] general traffic accidents of category 1 (Bodily Injury by Traffic Accidents) [1-6 months] in the mitigation area (special mitigation person] [4 months in the sentence] in the imprisonment without prison labor, 4 months in the suspension of execution, and circumstances disadvantageous to one year in the suspension of execution: A favorable circumstance in which the defendant caused serious injury to the victim by negligence while driving in violation of the signal: The defendant all of the crimes in this case.

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