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(영문) 서울남부지방법원 2014.12.18 2014고단4115
교통사고처리특례법위반
Text

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

except that 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 is engaged in driving of a fwing cargo vehicle B.

On August 2, 2014, the Defendant driven the above cargo vehicle around 18:35 on August 22, 2014, and led to the rapid intersection of 202 ahead of the Seoul Guro-gu, Guro-gu, to the high-speed intersection from the side of the virtue elementary school, one-lane between the two-lanes.

Since there is an intersection with the signal of the vehicle stop line, there was a duty to safely drive the vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the left at the intersection in contravention of the signal and received the front part of the victim C (the 18-year-old driver’s license) driving of the bicycle driving from the right side of the virtue elementary school from the park near the string area where the Defendant got to the right side of the freight of the Defendant driving.

Ultimately, the Defendant suffered injury to the victim, such as the removal of flasium abandonment and the removal of flasium in need of medical treatment for about 10 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] general traffic accidents in Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] there are no basic areas (the decision of sentence of April to October) [the person who has a special form of punishment] [the decision of sentence] [the defendant's negligence and degree of damage], but the responsibility for the crime is not easy in light of the defendant's negligence and degree of damage, etc., but the defendant is recognized and reflects the crime, the victim is negligent by entering the intersection in violation of the signal, the defendant has no record of punishment exceeding the fine, and all the other conditions of sentencing

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