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(영문) 서울남부지방법원 2015.02.26 2014고단4843
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star or a car.

At around 06:50 on November 7, 2014, the Defendant proceeded at the speed of 60km per hour from 53 lanes to the inside side of the city of Geumcheon-gu, Seoul, along the two-lanes from the side of Seoul to the inside side of the five-lane.

At the same time, the signal lights are installed, and in such cases, the driver of the motor vehicle has a duty of care to thoroughly handle the steering direction and brake system of the motor vehicle in accordance with the signals such as signal, and to prevent the accident by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant, by negligence of the fact that the signal of the signal was suspended, brought the front right part of the victim C(the age of 47) driving of the victim C(the age of 47) driving in accordance with the left-hand turn turn from the inside side to the arche-hand turn-hand turn-hand turn on the inside side of the signal, was shocked with the front part of the car of the Defendant.

As a result, the Defendant, by such occupational negligence, suffered injury to the victim C, such as brain-dead sugar, etc. which requires treatment for about three weeks, injury to the scarcity and fiber in need of treatment for about four weeks, and injury to the victim E (the age of 62) who was accompanied by the Defendant’s vehicle, for about six weeks, injury to the snow pipe cutting, etc., respectively, on the right side required for treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on investigation (report on the confirmation of the current status and additional diagnosis of victims);

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each medical certificate, C additional medical certificate, and E;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] is a general traffic accident.

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