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(영문) 서울서부지방법원 2015.06.16 2015고단207
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CCOET 249cc.

On July 6, 2014, the Defendant driven the above Oral 20:27, and proceeded at a speed of about 92 km in the speed of about five lanes in the direction of the Yongsan-gu Office, Yongsan-gu, Seoul.

At all times, the intersection where signal lights are installed and the speed limit is 60 km per hour, so the defendant engaged in driving service has a duty of care to ensure that the signal lights are accurately confirmed, safely drive in accordance with the signals and observe the speed limit, thereby preventing accidents.

Nevertheless, the injured party E (the aged 42) who was driving in the direction of Maban as soon as he neglected this and went into the intersection by driving at a speed exceeding 20 km per hour and in violation of signal, and was driving in the direction of Maban as soon as the injured party E (the aged 42) went into the intersection.

Ultimately, the Defendant caused a traffic accident due to the above occupational negligence, and the victim E suffered from an injury, such as double ducts of treatment days, and an acute bladrosis.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A criminal investigation report (a letter of analysis);

1. Responses to traffic accident analysis;

1. Related video CDs;

1. Application of Acts and subordinate statutes in written opinions;

1. The reason for sentencing of Article 3(1), proviso 1, and 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 3(2)1 and 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and sentencing of Article 268 of the Criminal Act (Optional to imprisonment without prison labor) is an intersection where the usual traffic volume is considerably high, and thus, there is a very high risk of causing traffic accidents that may cause human life damage in the event of signal breach. However, in light of the background and contents of the instant accident caused by the Defendant’s entering the intersection by driving a traffic signal violation and over-speed.

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