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(영문) 의정부지방법원 고양지원 2015.12.03 2015고단2244
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

At around 12:00 on May 28, 2015, the Defendant came to turn to the left at the right angle of the intersection where “D” had the front signal apparatus installed, “D,” one-lane, one-lane from the intersection, which was installed, at the new ethic ethic ethic ethic ethic ethic eths.g., the Defendant turn to the left.

However, since the direction signal was the stop signal at the time, there was a duty of care to safely drive a motor vehicle, such as driving a motor vehicle after stopping according to the new code, and driving a normal signal.

Nevertheless, due to the negligence of neglecting this, the Defendant got off the part on the front part of the Defendant’s car, which was driven from the right side of the course to the port by normal signal. The part on the front part of the Defendant’s car in front of the left side of the Defendant’s car is 51 years old.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim to suffer injury to the victim, such as blood transfusion, which requires approximately four weeks of medical treatment. At the same time, the Defendant damaged the victim’s car owned by the victim Davi Capital Co., Ltd. to have approximately KRW 42 million of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to the practical survey report, each photograph, each diagnosis report, each investigation report, and requests for repair expenses;

1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Grounds for sentencing of selective imprisonment without prison labor;

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

2. Whether the sentencing criteria are applied: It is a small and ordinary concurrent crime.

3. Determination of sentence: Any accident involving a violation of signalling a year without prison labor, resulting in the injury to the victim.

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