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(영문) 서울중앙지방법원 2016.04.20 2015고단5685
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 a F-to-car vehicle.

On June 3, 2015, the Defendant driven the above car at around 19:20, and proceeded along the four-lane road near Hart as Seoul Seocho-gu, Seocho-gu, Seoul, along the south side of the lower terminal, with three-lanes from the south side of the lower terminal.

The location is an intersection where signal, etc. is installed on the front side, so in such cases, a person engaged in driving service has a duty of care to safely drive the signal.

Nevertheless, due to the negligence of the left left turn at the front left turn, the Defendant received the side part of the victim G(53) driving, which was left to the left from the south side of the right side of the running direction to the front side of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury caused by the mental disorder, such as the blood breath, etc.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A written statement of I;

1. The report on traffic accident (i.e., Doll, and the actual investigation report;

1. Application of Acts and subordinate statutes, such as field photographs, black stuff images, diagnostic reports and opinions;

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, under the law applicable to criminal facts;

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201).

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