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(영문) 서울북부지방법원 2017.05.25 2017고단965

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person who is engaged in driving a rocketing car.

On December 3, 2016, the Defendant driven the above car on December 19:22, 2016, and led to the road of 212 east-ro, Dobong-gu, Seoul to proceed from the direction of the Green River to the intersection.

Since the location is where signal, etc. is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely proceeding in accordance with the new code.

Nevertheless, the defendant neglected this and proceeded in accordance with the new code on the front side of the defendant by negligence in violation of the signal.

D Driving received the top part of the left-hand side of the E-Wld Driving as the front part of the Defendant’s driving.

Ultimately, the Defendant, by its occupational negligence, suffered injury to the victim FF (hereinafter, 63 years old), who was on board the said car from the said car at around 10 weeks at the bottom of the skeel which requires approximately 10 weeks medical treatment, such as a ske, ske, ske, etc., and the Defendant’s operation, from the victim G (31 years old) who was on board the said car at the said sweet other car at around 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The following circumstances are taken into account: (a) the instant accident caused by the instant violation of signalling reasons for sentencing under Article 62(1) of the Criminal Act; (b) the degree of injury of the victim F is severe and the degree of injury of the victim is not less than fines; (c) there is no same criminal history; (d) an agreement is reached with the victim F who is insured by a private taxi mutual aid association across the country and who suffered serious injury; and (e) the violation