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(영문) 서울남부지방법원 2014.11.07 2014고단3487
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year 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 cooling tower B or B.

On August 2, 2014, the Defendant driven the above vehicle at around 07:09, while driving the said vehicle, and driving the four-lane road in front of the Seoul Guro-gu Seoul Metropolitan City C Building at a speed of about 20 km per hour from the surface of the elim underground road to the elim basin. The Defendant did not find out the victim D (52 years old) who was driving the bicycle along the pedestrian signal at the right side of the elimining direction, due to the occupational negligence where the Defendant discovered the vehicle stop signal at late and violated the signal, and did not find out the victim D (52 years old) who was driving the bicycle at the right side of the elimining direction, and caused the victim to go beyond the road by collisioning the victim's bicycle side with the front part of the Defendant's vehicle, and caused the victim to suffer the injury, such as the pelf at the bottom of the necessary frame for treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1) and the 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 for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General traffic accidents in consideration of the following factors: The sentence shall be determined as per the order: (a) there is no basic area (decision of sentence] (Article 4-10 months) (Article 62) (Article 62 (1) of the Criminal Act; (b) the primary area (Article 62 (1) of the Act on the Suspension of Execution; (c) the comprehensive motor vehicle insurance is subscribed; (d) the victim has deposited KRW 4 million

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