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(영문) 서울중앙지방법원 2014.10.01 2014고단3138
교통사고처리특례법위반
Text

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

except that 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 engaging in driving a rocketing car.

On March 5, 2014, the Defendant operated the said car on March 21:35, 2014, and was driving the subway station 6 times in front of the subway station 94, which is located in the subway station in Dongjak-gu Seoul Metropolitan Government, with the length of the subway station 94, one-lane in the direction opposite to the Defendant.

Since there is a place where the center line of yellow solid lines is installed, in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle to live well on the right and the right and the right at the place where the internship is permitted.

Nevertheless, the Defendant neglected to do so and did not properly look at the front line, and did so, the front part of the E BAV (BEV) 125 U.S. driven by the victim D (year 52) who was driving in the opposite direction due to the fault of the yellow-line, was shocked with the front part of the right side of the said car.

Accordingly, the Defendant suffered from the injury of the victim, such as the closure of the left-hand entrance requiring medical treatment for 14 weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents of Type I (1 to June) [Special Mitigation] and the area of mitigation (1 to June) of the Act on the Suspension of Execution [Decision of Sentence] 2 years of the Suspension of Execution (the above sentencing factors and the defendant are old, there are no criminal records above the suspension of execution, actively taking relief measures, the fact that the above sentencing factors and the defendant are old, there are no criminal records above the suspension of execution, the fact that the above sentencing factors and the defendant are actively taking relief measures, the fact that the motor vehicle comprehensive insurance has been subscribed to, and the fact that they are contradictory

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