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(영문) 서울동부지방법원 2015.04.29 2014고단3857
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 of Oral Paba.

At around 12:45 on June 2, 2014, the Defendant driven the off-to-face of the off-face of the victim E(57 years old) driving, driving the off-line intersection of the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City into the private road of the northwest of the Young-dong Intersection of the New Elementary School, the Defendant did not look well at the front line, and caused the victim to go beyond the floor by using the front line as the front line of the driving of the victim E(57 years old) driving, driving the front line of the front line of the front line of the new elementary school.

The Defendant, by such occupational negligence, sustained bodily injury, such as “an in-house brain wound with no open room,” which focuses on the victim’s treatment for about six weeks.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A traffic accident report;

1. A medical certificate;

1. A report on investigation;

1. Application of Acts and subordinate statutes to CCTV video images (ROMs, evidence 1, 2);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] general traffic accidents in consideration of the following factors: The mitigation area of punishment (one to six months) (special mitigation) does not seem to be contrary to the mitigation area of punishment (decision of sentence]; however, the victim does not want to be punished, and the first offender is considered: the victim does not want to be punished;

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