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(영문) 서울남부지방법원 2015.10.22 2015고단3477
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving B-II cargo vehicles.

On July 19:48, 2015, the Defendant driven the above vehicle, and led the road of three lanes in front of Guro-gu Seoul Metropolitan City to the large-scale elimb from the south-gu basin.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent an accident by driving safely in accordance with the signals by reducing speed and driving the front door and the left door and the right and the right of the driver.

Nevertheless, the defendant neglected this and neglected it, and caused the collision between the front part of the victim D(32 years old)'s E-motor bicycle driving and the Defendant's vehicle that the victim D(32 years old) driven by the new line from the left side of the running direction to the right side of the defendant.

이로써 피고인은 위와 같은 업무상의 과실로 피해자에게 약 12주간의 치료가 필요한 무릎뼈의 골절상 등을 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. At the scene of an accident, five broom photographs by cutting off CCTV-accident images for investigation reports, 3 brooms, pumps, regular watchers, and photographs;

1. Application of each statute of diagnosis of D;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] general traffic accidents in Article 62(1) of the Criminal Act (the scope of recommending punishment] there is no basic area (four to ten months) (the person causing traffic accidents) [the decision of sentencing] [the decision of sentencing] and the liability for the crime is heavy in that the result of serious injury caused by Defendant's negligence occurs.

However, the defendant is the first offender who has not been guilty, and the accident occurs.

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