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(영문) 서울중앙지방법원 2014.10.08 2014고단1799

교통사고처리특례법위반등

Text

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

However, the execution of the above punishment shall be suspended for two years 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 motor vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

On December 24, 2013, the Defendant driven the above car at around 18:50 on December 24, 2013, and driven the side road located in 1061-2, Southern-dong, Seoul, Seoul, at about 5 km from the south side to the south side.

At this point, there was a narrow frame that does not distinguish between a roadway and a sidewalk, and the defendant showed that the victim D (V, 31 years old) was coming from the alleys side by approximately 50 meters far, so there was a duty of care to check and drive the safety of the driver while reducing the speed and taking the dynamics into account.

Nevertheless, the defendant neglected this and negligently driven the victim's appearance that was coming from the right side of the running direction of the defendant, which was the front right side of the car.

As a result, the Defendant suffered injury to the victim, such as the closure of the left-hand bones, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the following: (a) the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the victim was injured seriously by the instant accident; and (c) the Defendant’s driver’s vehicle is not insured and thus the victim’s damage recovery is not adequately made; (d) the Defendant’s fault is against himself/herself; (e) the Defendant deposited KRW 3 million to recover damage; and (e) there was no record of punishment after 195; and (e) other records on the Defendant’s age, character, conduct, environment, etc.