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(영문) 서울중앙지방법원 2017.02.10 2016고단8198
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2016, the Defendant driven a HW 740D car at HMW 12:50 on May 1, 2016, and made the turn to the left at the two-lanes in the direction of 3 to 3rd parallels of one-way road in Jongno-gu Seoul, Jongno-gu, Seoul.

Since there are many signals installed, the defendant driving a motor vehicle had a duty of care to prevent accidents by driving the motor vehicle according to the signals instructed by the signal apparatus.

Nevertheless, the defendant did not neglect the above duty of care and proceeded to the left at the left of the stop head, and the victim I driven the JW110 WH engine device, which was driven by the victim I, in accordance with normal signals at the right side from the left side of the stop heading direction, late later, and failed to avoid it, and caused the victim to fall off on the floor by collisioning the front part of the damaged vehicle on the left side of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of the occurrence of a traffic accident prepared by I;

1. A traffic accident report;

1. A copy of a copy of a screen of the Gabbox images, a copy of a screen of the back-to-date vehicle, and a photograph of each vehicle by capturing the Gabox image;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General traffic accidents in Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommending punishment] No person who does not have a basic area (4 months to 1 year) [the person subject to special sentencing] [the person subject to sentencing] [the decision of sentencing] has caused an accident in violation of the signal at the intersection, and the defendant's negligence

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