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(영문) 서울북부지방법원 2019.01.30 2018고단3070
교통사고처리특례법위반(치상)
Text

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

However, 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

The Defendant is a person who is engaged in driving service of BCA110V.

At around 23:00 on May 26, 2018, the Defendant driven the above Oba, and driven the front road of the Dental street intersection in Seoul, Jung-gu along the direction of the transition intersection in the direction of the transition intersection, one-lane between the two-lanes in the direction of the transition intersection.

Since there is a signal, there was a duty of care to drive safely according to the new code to a person engaged in off-to-land driving.

Nevertheless, the Defendant received the front part of the FINGO100 Oral Ba, which the Defendant driven by the victim E, who had to turn to the left in the direction of the intelligence criminal investigation team in accordance with the e-mail and the left turn signals due to the negligence of the former red signal, and received the front part of the Defendant Oral Ba.

The Defendant suffered injury to the victim, such as mination of the front dong, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A medical certificate (final diagnosis);

1. Application of statutes governing field photographs and CCTV images;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and the crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the defendant who violated the signal while driving Otoba, thereby causing bodily injury to the victim. The victim suffered serious bodily injury with 12 caution on the part of Etoba and the bones, the defendant's absence on three occasions at the sentencing date is disadvantageous or unfavorable, the defendant recognized the crime and reflects it, the victim wanted to take the preference against the defendant by agreement with the victim, and the defendant is in addition to juvenile protective disposition.

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