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(영문) 서울북부지방법원 2014.11.27 2014고단3668
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for 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 Obane.

On June 15, 2014, at around 04:25, the Defendant driven the above Oral Ba, which was parked in front of the fireworks located in Jung-gu Seoul Metropolitan Government C, and tried to enter the same as the opposite lane, rather than the one adjacent to the above India.

However, in the case of a road in which a median line is installed, there was a duty of care to drive safely without breaking the center line, such as entering a lane abutting on India to a person engaged in driving service, but entering the opposite lane according to U.S. S. code.

Nevertheless, the defendant neglected to enter the opposite lane and caused the victim's injury, such as the chilling of the right part of the G-si that the victim D(19 years of age) driven by the victim D(19 years of age) who was going to keep the opposite lane from the right side of the defendant's proceeding, due to the negligence that the defendant d's driverds over the center line and went to the opposite lane, while driving on the opposite lane in order to leave the opposite lane, caused the victim to suffer from the victim's injury, such as the chilling of the right part in need of medical treatment for about 12 weeks, on the left side of the G-si operated by the F-si who was standing in the front direction and tried to avoid the collision.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The sentencing criteria shall be the recommended sentencing.

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