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(영문) 서울북부지방법원 2017.07.06 2017고단1899

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 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 of B-si.

On October 11, 2016, the Defendant driven the above taxi at around 23:08, while proceeding one lane from the intersection of the D Hospital located in Seoul Special Metropolitan City, Nowon-gu to the Seoul hot spring in the direction of the river basin, and turn to the left.

Since it is an intersection with a signal apparatus, the driver had a duty of care to prevent accidents in advance by driving safely according to traffic signals.

Nevertheless, the Defendant neglected this and got out of the front part of the Victim E (18) driving driven by the victim E (18 Do) who was going to the hospital from the Doll on the Dollal side of this thousand nine thousand nine-day, U.S., by the negligence of entering the intersection of yellow mar, in violation of the signal.

As a result, the Defendant suffered from the injury inflicted upon the victim due to the foregoing occupational negligence, such as the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The following circumstances are taken into account: (a) the degree of injury of a victim for the reason of sentencing under Article 62(1) of the Criminal Act in the suspended sentence; (b) the Defendant’s change to a yellow signal from the left and right turn to the left before entering the intersection to the left; (c) the victim also committed an unlawful act in violation of the signal; (d) there was no record of the same crime; and (e) there was no record of the same crime; and (e) there