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(영문) 서울서부지방법원 2016.07.05 2016고단1055
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 a period of two 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 a cuss car in C.

The Defendant driven the above car around 07:03 on August 7, 2015, and moved the four-lane road in front of Eunpyeong-gu Seoul Metropolitan Government D from the front side of the mountain basin to the E station located on the right side of the road while driving at such speed that it is impossible to identify three-lanes depending on the green translation.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as checking the rear side of the direction to be changed and accurately operating the steering gear, if it is likely to impede the normal traffic of other motor vehicles running in the direction to be changed.

Nevertheless, the Defendant neglected to do so and did not look well at the rear side of the direction to change, and received the front wheel part of G 125 cm, which was driven by the victim F (50 cm) who was straight along the four-lane by the bypassing of the direction, and was driven by the victim F (50 cm) who was straight along the four-lane by the bypassing.

Ultimately, the Defendant suffered serious eromatic degradation and eromatic damage (eromatic eromatic eromatic eromatic eromatic eromatic erogosis and erogic erogic erogic erogic erogic erogic erogic erogic ero

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes, such as a medical certificate and an investigation report (a medical statement in which the victim F is expressed his/her opinion on whether he/she is injured);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] shall be the general traffic accident.

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