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(영문) 서울서부지방법원 2017.11.16 2017고단2370

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On June 10, 2017, the Defendant driven the above car at around 13:55, and came to turn to the left the left from the south of the mountain basin at the boundary of the south of the four-lane road of the electronic shopping mall in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the front part of the FF Two-wheeled Automobile that was driven by the victim E (46 years old) who was driven pursuant to the new code due to negligence, disregarding the change of the vehicle's progress signal to the stop signal, and making it left the left, as well as the front part of the said car.

As a result, the Defendant suffered injury, such as pulverization of abandonment, etc., to the right sleep in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the results of viewing visual images CDs;

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, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the punishment according to the sentencing guidelines] the reason for sentencing under Article 62(1) of the Criminal Act on the Suspension of Execution [the scope of the punishment pursuant to the sentencing guidelines] O general traffic accidents in cases where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Union is serious [the sentence] in cases where the defendant neglected the front-time city and did not confirm that the vehicle signal of the front-round bank is changed, thereby causing the accident in this case due to negligence, and the victim suffered serious injury to the right side of the accident in this case.

(b).