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(영문) 서울북부지방법원 2014.05.29 2014고단775
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 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 CM5 vehicle.

On March 21, 2014, at around 16:45, the Defendant parked the said car on the front sidewalk 95-2, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, but moved down at an indefinite speed to the office.

There is a duty of care to prevent pedestrians engaged in the driving of motor vehicles from causing danger to pedestrians driving on the sidewalk by breaking the sidewalk, since they are reports that are separated from the roadway by the curb line.

Nevertheless, the Defendant neglected this and parked a sidewalk without checking the rear side by negligence, and did not discover the victim D(57) who used the construction site at the construction site, and got the victim to go beyond the sidewalk. The Defendant got the victim to go beyond the sidewalk by driving the vehicle behind the vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as human spawn on the right spawn, which requires treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made to supplement traffic accidents involving D;

1. A traffic accident report;

1. A traffic accident report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines / [type] traffic crimes, general traffic accidents, injury (type 1) by traffic accidents (special-speed persons): Reduction factors: Penalty not (including serious efforts to recover damage) (the scope of the recommended sentence] - Six months;

3. Determination of sentence;

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