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(영문) 서울중앙지방법원 2013.11.08 2013고단5846
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 16:10 on July 26, 2013, driven a C rocketing car and proceeded along the two lanes 35-34 ahead of the Seoul Jongno-gu, Jongno-gu, Seoul, along the right side of the said road at the seat of the joint government office, at the right side of the said road. As such, a crosswalk is installed on the front side of the said road. Therefore, despite the duty of care to check whether a person who is engaged in driving service has a road to reduce speed and to check the front side and the left side well, and to drive the crosswalk safely, the Defendant, while neglecting the duty of care, caused the victim D (29 years and inn)’s negligence going into the left side of the road to go beyond the ground by taking the front side and the right side side side of the vehicle driven by the Defendant, and thereby, suffered injury to the victim, such as a shocking the upper part of the road that requires the right side treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Statement of the actual survey report;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence for the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury by traffic accidents (type 1] (Scope of the recommended sentence] 4 months without prison labor, April - October (basic area);

2. Although the degree of injury to the victim who was sentenced to a sentence is more severe, the defendant's vehicle is covered by a comprehensive insurance, and there are favorable circumstances such as the defendant's deposit of KRW 2 million for the victim, the defendant's primary offender, and the confession of the crime and reflects the fact that it is against the victim, it shall be determined for 4 months of the term of punishment, and the execution of the sentence shall be suspended.

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