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(영문) 서울중앙지방법원 2013.05.24 2013고단1947
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

On February 25, 2013, at around 09:00, the Defendant driven a Mati towing Cargo Vehicle, and proceeded with the road in front of Gangnam-gu Seoul, Gangnam-gu, Seoul. Since its place is marked with one-way traffic road sign, the Defendant neglected his duty of care to drive in accordance with the direction indicated by the one-way traffic road sign, and thereby, the Defendant sustained injury, such as a closed verteculate, etc., which requires six weeks of treatment on the left side of the bicycle driven by the victim C (the age of 45) driven by the victim C (the age of 45) driving on the right side of the towing Cargo in the direction of proceeding due to the negligence of driving the one-way road from the room of the halogba exhibition room to the front side of the driver vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C;

1. Entry of the actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence on the sentencing criteria / [type] the basic area of traffic crime group, general traffic accidents and injury (type 1) caused by traffic accidents (the scope of the recommended sentence] - April of imprisonment without prison labor, - October;

2. In this case, the sentence of sentence shall not apply to the defendant's act of driving along one-way routes, resulting in an injury that requires approximately six weeks of medical treatment to the victim, and the criminal liability of the defendant shall not be minor in light of the degree of negligence of the defendant, the degree of injury of the victim, etc.

However, it is against the defendant's confession that there is no criminal history on the part of the defendant, that the vehicle driven by the defendant is subscribed to the Trucking Association, that the defendant paid 80,000 won for the victim, and that the defendant is against himself.

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