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(영문) 서울북부지방법원 2016.04.12 2016고단227
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 the operation of B beer and a cruise car.

On January 2, 2016, the Defendant driven the above car at around 15:10 and proceeded along three lanes with the road of 1449 degrees in front of the test site of the Dobong driver's license in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu in the same way as Seoul Special Metropolitan City.

At all times, there was an intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in good faith and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went through the stop line in contravention of the signal while the vehicle signal was yellow, and went through the stop line as it is, due to the negligence of passing it, and the front part of the victim C(M, 47 years old) driving DK7 vehicle operated by the victim C(M, E, 54 years old) with the Defendant’s vehicle driving on the front part of the Defendant’s vehicle in the same direction as the Defendant’s vehicle, and continued to go along the four-lane in the same direction as the Defendant’s vehicle, received the left part of the FM car of the victim E(54 years old) driving by the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tension, etc. of the left blue blue in need of approximately two weeks of treatment, the injury to the victim G (13 Does) who is the passenger of the above C vehicle, on each side, requiring approximately two weeks of treatment, and the injury such as salt, tension, etc. of the blue frame that requires approximately seven weeks of treatment to the victim E, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. As to the traffic crimes with the reason of sentencing under Article 62(1) of the Criminal Act, the suspended sentence is against the law.

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