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(영문) 서울북부지방법원 2013.05.30 2013고단521
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 B M& car.

On November 2, 2012, the Defendant driven the said car at around 18:29, and driven the transit distance from the transit line in Nowon-gu, Seoul to the upper end of the four-lane distance from the Green River.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, the Defendant neglected this and received the front part of the victim C(29 years old) driving D 124cc. driving from the upper right side to the lower right side by the negligence of entering the intersection of yellow signal in contravention of the signal, and thereby, received the front part of the victim C(29 years old) driving to the lower right side.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as mination of the right-side executives in need of treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is very serious damage caused by the instant accident for the reason of sentencing, the punishment as set forth in the text shall be determined in consideration of the fact that the Defendant is led to confession and is in depth, and the piracy vehicle separately agrees with the victim, in addition to being covered by the comprehensive motor vehicle insurance;

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