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(영문) 춘천지방법원 강릉지원 2014.06.10 2014고단330
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 one year 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 CF car volume.

On March 21, 2014, the Defendant driven the above vehicle at around 09:55, and led to turn to the left at the seat of the Gangseo-gu Cultural Institute at the jurisdiction of the Gangseo-gu Office.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to live well with the front line signal and to safely operate the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn right to the left at the right angle of the Rad Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod Rod.

Ultimately, the Defendant suffered injury to the victim, such as the 6th century, which requires medical treatment for about 10 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the occurrence of a traffic accident in DNA;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

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

2. Application of the sentencing criteria [Determination of type] for traffic crimes in general traffic accidents: Type 1 (Bodily Harm resulting from Traffic Accidents) (Special Aggravation) for traffic accidents - Where a serious injury occurs: Reduction element: In the event of serious injury, it shall not be subject to punishment (Scope of decision on the recommending area and of weighing of recommendations): April - October; and

3. In addition to the above-mentioned paragraphs 1 and 2 of the sentence decision, the victim is not wanting to punish the defendant, the defendant is also in depth against the defendant, and the defendant has no criminal power.

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