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(영문) 서울서부지방법원 2015.07.07 2015고단931
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 CM3 car.

On January 28, 2015, the Defendant driving the said car as its duties around 21:20, and driving the car along the fourth line in front of the general social welfare center in the direction of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, pursuant to a one-lane, the left left-hand turn from the front line of the general social welfare center at the distance of the cultural village to the middle line of the nursing professionals.

The red apartment was left left to the front apartment.

At the time, since it is a three-distance intersection where a signal is installed at night, there was a duty of care to prevent an accident by safely driving the motor vehicle in accordance with the signals by reducing the speed and checking well the front and left.

Nevertheless, the defendant neglected this and neglected to turn to the left on the straight line in violation of the signal, and was driven by the victim D (year 21) who was driven by the new subparagraph in two-lanes in the opposite direction, and received the front part of the vehicle as the front part before the right-hand part of the vehicle.

As a result, the Defendant suffered from the above occupational negligence and injury to the above D, such as the left-hand satis, which requires the treatment between approximately 12 weeks, and the victim F (year 22) who was accompanied by the above Oral Ba, thereby requiring treatment between approximately 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Each written diagnosis;

1. Photographs;

1. Application of Acts and subordinate statutes to reports on internal investigation, reports on internal investigation and reports on internal investigation;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] and the grounds for sentencing under Article 62(1) of the Criminal Act do not exist in the basic area (four to ten months) of the first type of traffic accident (the injury of traffic accident) [the decision of a special person] [the decision of a sentence] the defendant acknowledges mistake as the primary offender and repents.

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