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(영문) 서울중앙지방법원 2016.03.23 2016고단246
교통사고처리특례법위반
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.

Reasons

Punishment of the crime

On November 10, 2015, the Defendant driving a Bchip car around 20:11, and driving a road of four-lanes in front of Seoul, Gangnam-gu, Seoul, with the distance of Schip from the hill bank to the schip distance.

In this case, the person engaged in driving service has a duty of care to maintain the signal of the front line and to safely drive the crosswalk by examining whether there is a person to wear the crosswalk.

Nevertheless, the Defendant neglected to do so and received the part above the Defendant’s driving vehicle, driving on the left side of the E-to-hand side of the victim D driving on the left side of the proceeding direction due to the negligence going forward as the front side of the front side of the Defendant’s driving.

Ultimately, the Defendant suffered injury, such as fulverization in the 16-day care for the victim due to the foregoing occupational negligence, by causing injury to the victim, such as fulvers and fulvers in the upper part of the 16-day care.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Accident video CDs;

1. A report on investigation (a statement of a victim);

1. A report on investigation (a statement by a wooden person);

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to October) of the sentencing criteria [the scope of recommended punishment] and the basic area (the person who is subject to special sentencing] of the types of general traffic accidents; and

2. The Defendant’s negligence, when having caused a traffic accident in violation of the vehicle stop signal, is heavy (the Defendant, even though it does not meet the standards for regulating drinking driving, was driving a vehicle at a level of 0.44% alcohol during blood, and this appears to have served as a cause of a traffic accident). The degree of injury suffered by the victim is heavy.

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