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(영문) 서울중앙지방법원 2014.04.02 2014고단946
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obaba in B.

On September 7, 2013, at around 04:07, the Defendant driven the above Oralba, and at around 125-18, the Chungcheong-ro 4, Jung-gu, Seoul, Chungcheongnam-ro 125-18, the three-lane 125-18, leaving the road as the one-lane 3-lane 4, leaving the area from the bank.

In such cases, a driver of a motor vehicle shall not drive the steering system, brakes, and other devices of the motor vehicle accurately and shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and have a duty of care to prevent the accident in advance by safely reporting the traffic situation on the front and the

Nevertheless, the defendant neglected to do so and did not discover the victim C who has dried the road to the right side from the left side of the above Otoba in the course of the occupational negligence and caused the victim to go beyond the road.

As a result, the defendant suffered injury, such as double-duplicating which requires approximately eight weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although Article 62-2 of the Social Service Order Criminal Act provides for the degree of injury suffered by the victim for the reason of sentencing, it is not easy to agree with the victim. However, if the defendant reflects his/her mistake, the defendant is also at fault of crossinging the three-lane road without permission even at night, the victim can recover part of the damage due to subscription to the liability insurance, and there is no history of punishment other than the one-time fine, and the defendant's age, character, character, environment, etc.

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