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(영문) 서울중앙지방법원 2016.06.03 2015고단8308
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On August 31, 2015, the Defendant driven the above vehicle around 19:20 on August 31, 2015, and made a left turn to the opposite side in order to drive the road prior to Jung-gu Seoul Special Metropolitan City C along the right-hand one lane from the luminous slope to the opposite side in accordance with the speed of 30 km.

At the time, there is a night and a place where the center line of the yellow real line is installed, so in such a case, there was a duty of care to safely turn to the left at the place where the driver is permitted to turn to the left and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim E (50) (50) who has loaded a DNA motor device bicycle at the time of left turn with the center line of the yellow solid line at the place of the defendant's negligence, and got the victim E (50) who has driven a DNA motor device bicycle at a one-lane facing the time of the turn to the left turn to the center.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “one-time frighttering frightter,” which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of E traffic accidents;

1. Reports on the occurrence of a traffic accident and CCTV images and black stuff images;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The basic area of Article 62(1) of the Criminal Act No. 1 (the determination of sentence for traffic accidents) (the judgment of April to October) (the degree of injury of the victim), the degree of injury of the victim, the fact that the victim is not covered by a comprehensive insurance and only covered by liability insurance, the fact that there is no criminal history exceeding the fine, and the defendant's age, sex behavior, intelligence and environment, the situation and circumstances after the crime of the instant accident, family relation, etc. as shown in the argument of this case.

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