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(영문) 서울북부지방법원 2013.03.28 2012고단3045
교통사고처리특례법위반
Text

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

except that 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 a new siren car.

On September 27, 2012, the Defendant driven the above car on September 19:22, 2012, and stopped at the intersection while driving the two-lanes of the three-lanes in front of the street convenience store located in the Nowon-gu Seoul Metropolitan City Nowon-gu, Nowon-gu, Seoul and driving from the similar street to the mine shooting distance.

At the same time, since the same passenger D is expected to go down, the driver was engaged in driving service and the driver was able to pay attention to the driver of the vehicle after turning on emergency, etc. in close way to the right-hand delivery after passing through the intersection, and after clearly ascertaining the situation of the latter, the driver was obliged to get the passenger to go down.

Nevertheless, the defendant neglected this and caused the above D to open a door as it is, and caused the victim E (the 65-year-old age) to go from the right side of the car in time to the mine shooting distance.

The Defendant caused the victim by occupational negligence to suffer serious injury, such as the right flabac, etc., due to an influence of the treatment days due to an influence of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A traffic accident occurrence report;

1. Photographs related to accidents;

1. A letter on sending back and sending out;

1. Application of Acts and subordinate statutes to medical opinions;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Act on the Suspension of Execution was serious injury to the right side of the victim due to brain damage. However, the defendant was repented in depth, the defendant was compensating for damages caused by the automobile insurance to which the defendant subscribed, the damage amounting to 6 million won was deposited, and the victim did not have any criminal record above the suspended execution, and the victim did not install a set on the bicycle.

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