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(영문) 서울동부지방법원 2013.11.27 2013고단2497
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 18:30 on August 20, 2013, the Defendant, who is engaged in driving CCA 110cc, was driving the above Oralab, proceeding the fourth line road from the above Oralab to the open high school in front of the 317-24, Gangdong-gu, Seoul, Gangdong-gu, to the open high school, and came to the left to the right of protection for the third apartment in front of the third apartment.

At the time, it is not easy to see whether a small bus is directly under the opposite direction because a small bus is under the left-hand turn on the opposite line run by the defendant, so there is a duty of care to safely drive the vehicle to prevent accidents in advance by safely driving the vehicle, such as reducing speed and checking the side well, and checking whether there is a vehicle directly under the opposite direction, and making a left-hand turn at the time.

Nevertheless, the defendant neglected to make a left-hand turn to the left without neglecting it, and the victim D (the aged 32) driven by the victim D (the aged 32) who continued to go straight-down 4-line roads from the offside of the Madan High School.

The Defendant suffered injury to the victim, such as a brushes, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. Photographs of the accident site;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the defendant has no history of punishment for imprisonment with prison labor or heavier, reflects the error, the defendant deposited three million won for the victim, and the fact that it is anticipated that the damage compensation for the victim will be made because the defendant subscribed to the liability insurance, etc.).

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