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(영문) 서울북부지방법원 2014.12.11 2014고단3918
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 drives a C motorcycle.

On July 9, 2014, around 18:32, 2014, the Defendant continued to set off from the entrance side of the Seoul Nowon-gu Seoul Special Metropolitan City Nowon-ro 26-gil 191 to the set-off speed.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, there was a collision between E-Engines driven by the victim D (the age of 17) who was driving to turn to the left after crossing the crosswalk due to the negligence that the center line was invaded with the opposite line and was driven by the opposite line, and the victim suffered approximately about 10 weeks of medical treatment, and the left-hand slots of the left-hand slots that require about 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

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

2. The scope of the recommended sentence on the sentencing guidelines / [type] traffic crimes, general traffic accidents, injury by traffic accidents (type 1): Reduction element: In cases where there is considerable negligence on the occurrence of traffic accidents even to a person who is not subject to punishment and the victim [the scope of the recommended sentence] - 6 months (the area of mitigation);

3. Although the Defendant’s decision on the sentence was found to have committed the instant accident while driving the Oral Ba while driving the Oral Ba while breaking the central line, the Defendant agreed with the injured party only, and the injured party was the Defendant’s wife against the injured party, and the injured party was pedestrian.

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