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(영문) 서울북부지방법원 2015.09.17 2015고단2058
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a spak vehicle B.

On May 14, 2015, the Defendant driven the said SP vehicle as his duties around 17:10, while driving the said SP, the Defendant driven the front road of the 56 U.S. apartment commercial building in Seoul Special Metropolitan City, Nowon-gu, along the four-lane distance from the 1st intersection to the lower direction.

At this point, there is an intersection where signal lights are installed, so in such a case, the driver has a duty of care to properly see the right and the right and the right of the driver and to prevent the occurrence of the accident by driving safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and went into operation in contravention of the signal on the red signal of the vehicle, and received the front wheel part of the victim C/TX700 two-wheeled vehicle (on the other hand, 670C) driven by the victim C/TX700 (on the other hand, 53 years old) driving from the lower direction of the Defendant’s course to the left relay direction.

As a result, the Defendant suffered from the victim’s occupational negligence, which caused approximately 12 weeks of medical treatment to the left-hand side abandonment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2) (actual survey report);

1. A report on internal investigation:

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing (Determination of type): General traffic accidents; Type 1 (Bodily Injury from Traffic Accidents); and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of recommendation) from April 1 to October;

2. The instant traffic accident occurred due to the Defendant’s violation of signal signals, the degree of injury to the victim was serious, and the Defendant did not reach an agreement with the victim.

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