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(영문) 서울서부지방법원 2016.06.14 2016고단1112
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a math car.

On February 10, 2016, the Defendant driven the above car around 19:39, and came to the intersection by driving the front intersection of Mapo-gu Seoul Metropolitan Government at the Mapo Tax Office with approximately 10km speed depending on the road of the 3-lane 3-lane road from the Mapo Tax Office.

In this case, a person engaged in driving service has a duty of care to check traffic signals and prevent accidents in advance by driving safely in accordance with traffic signals.

Nevertheless, the Defendant neglected this and caused injury to the victim, by neglecting the right-hand turn, due to the negligence of entering the intersection and driving the front part of the EITI 100 U.S. driven by the victim D with two lanes from the right-hand turn, which was driven by the victim D, in violation of the right-hand turn signal instead of the left-hand turn signal, and eventually, the Defendant suffered injury to the victim, by negligence in the course of performing the above duties, such as a sudden booming flady, which requires rehabilitation treatment for at least six months.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, investigation report (a copy of victim's opinion), investigation report (a statement of intent against victim D) and investigation report (a statement of intent against victim D);

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the selection of imprisonment without prison labor for

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture caused a traffic accident by negligence in violation of the signal, and that the victim suffered a serious injury to the degree of being subjected to brain surgery and the possibility of shortening life expectancys, it is necessary to severely punish the defendant.

However, the defendant is the first offender who has no criminal history, and his own.

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