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(영문) 서울북부지방법원 2016.11.24 2016고단4087
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

At around 01:40 on September 13, 2016, the Defendant driven B Poter Cargo Vehicles, and proceeded forward the front road of Seongbuk-gu Seoul Metropolitan Government in the direction of the distance of remaining driving from the end rock.

At the time, there are nights and signals at fronts, so persons engaged in driving duties have duty of care to drive safely in accordance with signals.

Nevertheless, the part on the right side side of the E-motor bicycle driven by the victim D (Nam, 34 years old) who was driven by the victim D (Nam, 34 years old) due to the occupational negligence of neglecting and driving the signal as it is, by neglecting this, the defendant suffered approximately eight weeks of treatment on the left side side of the said cargo, and the victim suffered a e-mail and closure of the part in which the detailed details of the right-defluence frame

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition of traffic accidents;

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

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

1. Consideration, such as the scope of recommendations according to the sentencing guidelines for traffic crimes with reasons for sentencing under Article 62 (1) of the Criminal Act and the standards for suspension of execution, the fact that only one criminal defendant has been punished by a fine, the vehicle driven by the defendant is covered by comprehensive insurance, and the victim does not want the punishment of the defendant;

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