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(영문) 서울북부지방법원 2015.10.13 2015고단2793
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On April 1, 2015, the Defendant: (a) driven a c driving car on April 1, 2015, while driving the c driving car and driving the road in front of the 451 Jeju-ro 451 Jeju-dong community hall at the time of Jeju-do, into the room of the c driving hall; (b) discovered the e-type bus stopped by the victim D (the age of 52) at the front of the moving direction; (c) immediately, by the occupational negligence of driving the c driving car running on the left-hand line with the yellow-ray central line; and (d) caused two serious injury to the victim, such as where the mati vehicle driven by the F driver, which is driven on the left-hand side of the mati vehicle, carried the c driving part of the c driving vehicle, leaving the wastes away and collecting the wastes into the right-hand side of the c driving vehicle; and (d) caused damage to the victim by continuing to treat the 16 weeks open.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. A traffic accident occurrence report;

1. A traffic accident report (1) (2) (actual survey report);

1. Medical certificates and opinions;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] is the area where the first type of general traffic accident (the injury of traffic accident) is mitigated (from to six months) (the special person) (the victim is also negligent in causing traffic accident or expanding damage, the case where the occurrence of a traffic accident or the occurrence of a serious injury (aggravated sentence) / (a) the case where a punishment is not imposed (aggravated sentence) / (b) the defendant brought a serious injury to the victim due to the negligence in the central line, and the criminal liability of the defendant is very heavy.

However, the defendant recognized the mistake of this case and reflected, the victim seems to have been negligent in a considerable part, and the above vehicle of the defendant is the above.

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