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(영문) 서울중앙지방법원 2015.05.22 2015고단1112
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The Defendant is engaging in driving service of 125c motor bicycles (hereinafter referred to as “otobs”).

1. On November 19, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 05, 2014, driven an Orabab, and driven the front direction of the ELD, located in 223 as Gangnam-gu Seoul, Seocho-gu, Seoul, with a view to violating the signal, by neglecting the signal from the shooting distance of the two sides to the shooting distance of the one-way medication. On the other, the Defendant shocked the front side of the victim C (n, 32 years of age) who walked along the crosswalk pursuant to the pedestrian signals with the front side of the Obaba.

As a result, the Defendant suffered injury to the victim at the bottom of the left-hand breath which requires medical treatment for about 12 weeks.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated an Oral Ba which was not covered by mandatory insurance at the temporary location under the above paragraph (1) as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to investigation reports (verification of the state of victim), investigation reports ( telephone conversations between persons with a shooting range D) and investigation reports (related to telephone conversations between persons with a shooting range E);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation

1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is the subject of aggravation (8 to January 6) (the injury caused by traffic accidents) of the category 1 of the general traffic accident (the scope of recommending punishment] where the illegality in the proviso of Article 3(2) of the Special School Act (the case falling under more than two provisos) is serious (the criteria for handling multiple crimes) [the criteria for sentencing are set for not less than eight months].

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