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(영문) 서울서부지방법원 2014.09.25 2014고단1765
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C 110cc CA110E.

Around 6:56 March 20, 2014, the Defendant driven the above Oral Ba, and proceeded at the speed of one-lane in the ep tunnel, which is located in No. 30 of Eunpyeong-gu Seoul Special Metropolitan City Search Zone, from the search dong to the new direction.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely without more than the center line.

Nevertheless, the defendant neglected this and got the front part of the left side of the E-Poter Ⅱ, which was driven by D, which was driven by the opposite line due to the negligence of breaking the center line, into the left side of the Defendant's O-to-hand, and had it go beyond the O-to-be.

As a result, the Defendant suffered injury to the victim F (V, 19 years of age) who was on the part of the Defendant’s occupational negligence, such as an open light or a non-alley, for about 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition of traffic accidents;

1. A scene of an accident and photograph of an accident vehicle;

1. A report on investigation (in-house visit investigation) and a statement prepared in F;

1. Application of Acts and subordinate statutes 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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

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

1. The fact that the offense of traffic accident in violation of the central line in the tunnel for sentencing in Article 62-2 of the Probation Criminal Act causes the traffic accident of this case, the injury of the victim is serious, the victim is not agreed with, the defendant also took advantage of the traffic accident of this case, the defendant took advantage of the victim in order to collect the victim who was known to the original point, and there is no criminal record exceeding the suspension of execution.

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