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(영문) 서울북부지방법원 2013.05.16 2013고단458
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 Cras.

At around 09:30 on January 17, 2013, the Defendant driven the above van and proceeded one-lane of the shooting distance in front of the Jini elementary school located in Suwon-dong 398-13, Gangseo-gu, Seoul, Gangnam-gu, to the right-hand left-hand turn toward the shooting distance of the Tinr.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by safely driving on the side of the road on which the center line is marked in accordance with the vehicle driving signals to a person engaged in driving of a motor vehicle.

Nevertheless, the defendant, who was trying to turn to the left on the left side of the direction of the course due to the negligence of the centering on the center line, received the part of the victim D(W, 41 years old) on the right side of the road from the right side of the direction of the course and had the victim D(W, 41 years old) go beyond the floor.

As a result, the Defendant suffered injury, such as cutting the body part of the right pelle, which requires approximately 12 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement on the occurrence of a traffic accident against D;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes to a report on investigation (related to receipt 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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The Defendant and the defense counsel’s assertion regarding the allegation of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) are not possible to turn to the left due to the light railing construction at the time. Thus, the instant accident falls under the crupt accident at the central line.

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