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(영문) 서울남부지방법원 2016.07.07 2016고단1966
교통사고처리특례법위반
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 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 of a motor vehicle B and C.

On March 31, 2016, the Defendant driven the above cargo vehicle around 12:43, and proceeded at a speed of about 30 km from the right side of the street park to the new intersection of the two-lane 4-lane 1, Yeongdeungpo-gu, Seoul Metropolitan City Do, at a speed of about 30 km from the right side of the street park.

Since there is an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to safely drive the motor vehicle by complying with the signal.

Nevertheless, the defendant did not discover the victim C (51) who was driving from the apartment on the side of the Madgewon apartment to the Gu office of the Gu in accordance with the new subparagraph due to a direct negligence in violation of the signal, and received the left part of the defendant's cargo lane, and received the left part of the defendant's cargo lane.

As a result, the Defendant suffered from the above occupational negligence the injury to the said C, such as salt, tensions, etc., of the cirical tensions requiring approximately two weeks of treatment, the injury to the victim E (V, 43 years of age) who is the passenger on board the said damaged vehicle, for approximately eight weeks of treatment, and for the injury to the right pelf (V, 47 years of age) in need of approximately three weeks of treatment to the victim F (P, the passenger), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident investigation report, a traffic accident occurrence report, a black and video CD, and a photograph related to a traffic accident;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E who are the largest offender) ;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be imposed on the following grounds.

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