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(영문) 서울북부지방법원 2012.10.18 2012고단2044
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On November 30, 2011, the Defendant driven the above taxi at around 15:30 minutes, and proceeded one lane prior to 4060 km-ro, Gangnam-gu, Seoul Metropolitan Government, Seoul, with approximately 30 km-ro, from the gate of the malfunction tunnel to the gate-ro.

At the time, the victim C(78 years of age) was driving a bicycle at the front time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to observe the safety distance and safely drive a bicycle.

Nevertheless, the Defendant neglected to do so and proceeded with the victim's occupational negligence going close to the victim's left side to the left, and turned the front part of the bicycle driving along the center part of the road into the front part of the right side of the above taxi to avoid the ozone which stopped on the right side of the time, and caused the injury to the victim, such as a closed trauma confusion, which makes it impossible for the victim to know the number of treatment days, and caused the injury of the victim to the first degree disability of the cerebral disease.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The actual survey report on traffic accidents;

1. Investigation report (Attachment to a certificate of the disabled person);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act [Application of Sentencing] Type: The scope of the sentence of recommendation of type 1 (Bodily Injury of Traffic Accidents): From among general traffic accidents: Imprisonment without prison labor for August through January 1 (Aggravated Zone): In the event of serious injury: In the event of serious injury, the general person - mitigated factors: In the event of general person - mitigated factors: the degree of injury suffered by the victim due to the accident in the instant case caused by the defendant's negligence, and the defendant agrees or considerablely agrees with the victim.

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