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(영문) 서울남부지방법원 2017.11.30 2017고단5291

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

On August 30, 2017, the Defendant operated the E KS7 car around 18:37, and moved to the opposite direction while driving the Do Do Reservoir, which is located in the 36-13-ro Do Do Do Do Do Do Do Do Do Do Do Do Do do Do Do do Do Do do Do do do do do do do do do do do do do do

At that time, since there is a center line of yellow-ray, the defendant who drives a motor vehicle had a duty of care to safely drive the motor vehicle without breaking the center line and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of G Oba, which was driven by the Victim F (25 Dose) who was driving along one lane due to the negligence of the occupational negligence of the central line, with the care of the Defendant, from the right side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the lower end of the body frame and the body frame in need of approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Photographs related to the traffic accident (includingCCTV CDs);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (calculated speed of damaged vehicles);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. One type (the injury caused by a traffic accident) of traffic accident in general within the scope of recommended punishment, the aggravated area (from August to two years) of which is special aggravated: in case of a serious injury (the injury caused by a traffic accident).

2. The circumstances favorable to the defendant include the fact that the defendant's criminal record of the decision of sentencing is only one fine, that the defendant makes a confession in this court, that the defendant is covered by a comprehensive insurance, that the defendant maintains social ties with workplace, and that he maintains social ties with workplace.

However, the defendant committed the crime even though he was guilty of the traffic accident after the occurrence of the accident.