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(영문) 서울동부지방법원 2013.04.03 2013고단313
교통사고처리특례법위반
Text

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

However, 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 drives B rocketing another car.

On December 6, 2012, the Defendant operated the above car on December 14:05, 2012, and proceeded with three lanes in front of the store in Seoul Special Metropolitan City Gwangjin-dong, 185-6, one-lane from the front of the store in Seoul Special Metropolitan City, to the front of the store in the middle of the middle of the city.

At that time, the Defendant, by negligence in violation of the signal on the crosswalk, took the back part of the victim C (29 years old) driving DCA110E driving on the left side of the crosswalk into the front part of the above car, and continued to take the victim E (23 years old) who was a pedestrian with the crosswalk on the left side along the pedestrian signal.

As a result, the Defendant suffered from the injury of the victim C, such as light flaverization and flaverization, which requires approximately three weeks of treatment by occupational negligence as above, for approximately two months to the victim E, such as light flaverization, which requires treatment.

Summary of Evidence

1. Statement 1 of the defendant in court and protocol of suspect examination of the police as to C;

1. Each written statement E and C;

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

1. Each photograph;

1. Written estimate;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes and for the choice of punishment (Punishment as imprisonment without prison labor prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier criminal penalty);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant's negligence was committed while the accident in this case occurred due to driving of a motor vehicle in violation of the signal, and that the degree of injury suffered by the victim E by the accident in this case is considerably serious,

Provided, That motor vehicle operated by the defendant shall be comprehensive motor vehicle insurance.

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