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(영문) 서울북부지방법원 2018.12.06 2018고단2527
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B Lastren motor vehicles.

On March 5, 2018, the Defendant driven the above car at around 16:10, and was driving in the direction of the long distance in the border direction of the three-lane road in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

Since there is a center line of yellow solid lines, in such cases, a person engaged in driving of a motor vehicle has a duty of care to enter an area where a U-turn is permitted and to make a U-turn pursuant to the U.S. code.

Nevertheless, even though the Defendant neglected this and did not permit U-turns, the Defendant driven the two-lanes of the 3rd line road of the 3rd line in the yellow-line as it was due to the negligence of the Defendant’s fluoring the center line of the yellow-line and driving the two-lanes of the 37rd line, thereby getting the front part of the ECA110V OF, which is the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the care of the victim for about six weeks, the frame of the inside and the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

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

1. Relevant 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 for a crime;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, has a large number of errors in the opposite direction while making a U.S. internship in line with the central line, and the degree of injury to the victim is not somewhat weak, and thus, the Defendant is obliged to select a imprisonment without prison labor for the Defendant.

However, the defendant does not have the same criminal records.

The comprehensive motor vehicle insurance has been subscribed to, and agreed with, the victim at latest.

The defendant is dissatisfied with his wrongness and reflects on his wrongness.

The scope of punishment and the standards for suspension of execution, which are set by the sentencing guidelines for traffic crimes, shall be as follows.

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