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(영문) 서울중앙지방법원 2014.11.26 2014고단7199
교통사고처리특례법위반
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 a B M& car.

On May 31, 2014, at around 06:15, the Defendant continued the 51-way road as Jongno-gu Seoul Jongno Cultural Complex along the one-lane, the left turn and the U-turn turn turn turn from the 3-lane in the direction of the New Young-gu tunnel in the direction of the new intersection, and stopped by the vehicle straight signal.

At the same time, signals such as the separation of the right and left turn signals are installed on the front side, so in such a case, there was a duty of care to safely turn to the left and prevent accidents by making a left turn in accordance with the left turn signals to the driver of the vehicle.

Nevertheless, the defendant neglected this and neglected to turn to the left in a straight line, thereby making it possible for the victim C (the 44 years old) who was normally proceeding at the two-lanes in the opposite direction, to receive the left part of the bicycle driven by the defendant's left part of the bicycle driving.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand skes which require approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. The actual condition survey report;

1. Photographs photographs of black stuffs;

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

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

1. Alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) (Article 62-1) (Article 62) (Article 62-2) (Article 62-2) (Article 62 of the Act). [Decision of sentence] There is no person who has been a special offender] [Article 6 of the Act on the Punishment, etc. of Traffic Accidents] (Article 8 of the Act on the Punishment, etc.]

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