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(영문) 서울북부지방법원 2014.06.12 2013고단1330
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is engaged in the operation of the EXE car.

On April 22, 2013, the Defendant driven the above vehicle around 15:20 on April 22, 2013, and proceeded three lanes of the three lanes in front of Dongdaemun-gu Seoul Metropolitan Government C at the speed of about 25km/h from the direction of the intersection to the intersection of the road.

In such cases, the driver of the vehicle has the duty of care to check whether there is a vehicle that drives the vehicle through the intersection by reducing the speed and properly examining the direction of the road, and to prevent the accident in advance by driving the vehicle safely according to the traffic signal.

Nevertheless, the defendant neglected to do so and even if the signal was changed to a stop signal, the defendant is proceeding in violation of the signal.

The bicycle left-hand side of the victim D(70 years of age) who was driven by the defendant from the right-hand side of the defendant's running direction conflict with the front part of the above car.

The Defendant suffered an injury to the victim due to such occupational negligence during approximately 16 weeks of treatment, i.e., the left-hand pelle electronic pelle, and pelle electronic pelle.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A statement made to supplement the actual condition of each traffic accident in D and E;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes on reporting internal investigation;

1. It shall be so decided as per Disposition on the grounds of Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Article 268 of the Criminal Act

Reasons for sentencing

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

2. Scope of the recommended sentence according to the sentencing guidelines [type] traffic crimes, general traffic accidents, injury by traffic accidents (type 1] (Scope of the recommended sentence], April-10 (basic area) by imprisonment without prison labor;

3. Although there are circumstances in which the Defendant’s driving vehicle on the sentence is subscribed to liability insurance, it violates the signal even if the vehicle signal was changed to a stop signal while driving on the road.

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