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(영문) 서울남부지방법원 2016.04.28 2016고단304
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:40 on January 3, 2016, the Defendant driven a motor vehicle in front of Yangcheon-gu Seoul, Seoul, without a driver's license, Ci 30 on the road, and proceeded to the balk side of the Kimpo Airport.

At the time, a pedestrian crossing is installed at night, and therefore, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the front right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, while the Defendant neglected to stop driving the crosswalk, the Defendant did not avoid the victim D (the 56 years of age) and the victim E (the 58 years of age) with the pedestrian-fluence on the crosswalk, and received victims as the front part of the said car.

As a result, the Defendant suffered from the above occupational negligence that caused injury to the victim D, such as the removal of felball, which requires approximately six weeks of treatment, and the injury to the victim E, which is inside and outside of the right wall that requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to the actual survey report and each medical certificate;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Determination of each sentence of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. A condition that is favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The victims were at fault in the occurrence of an accident, and the defendant was around 2015.

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