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(영문) 서울북부지방법원 2014.11.27 2014고단3514
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 engaging in driving a car “rodice” in B.

On September 16, 2014, the Defendant driven the said car at around 30 on September 7, 2014, and operated a one-lane prior to the “Tiban Bathing Beach,” located in the Southern-gun, Chungcheongnam-do, Namnam-do, into the boundary of the “Tiban” side from the “Tiban” side.

At the time, there is a center line, which is a yellow solid line, and is a bend road, so there was a duty of care to safely drive the motor vehicle while driving the motor vehicle.

Nevertheless, as seen above, the Defendant was completely driven by the victim C(77 years of age) who was driven by the negligence of operating beyond the central line on the bend road.

As a result, the defendant suffered from the victim E (V, 73 years old), the victim E (V) who was on board the damaged vehicle for about 12 weeks of treatment, such as the left-hand chill, which requires about 12 weeks of treatment, and the victim F (G as stated in the indictment, seems to be a clerical error in writing) the open upper part of other head requiring about 4 weeks of treatment, and the victim H (V, 68 years old), and the chest chill in need of about 4 weeks of treatment, and the victim I (V, 58 years old), a chest chill in need of about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C Police stations;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against E with the largest penalty);

1. Selection of alternative imprisonment without prison 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).

Sentencing.

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