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(영문) 서울중앙지방법원 2018.05.16 2018고단1717

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing taxi vehicle.

On March 30, 2017, the Defendant driven the above volume of the vehicle around 05:50 on March 30, 2017, and driven the three-lane road in Jung-gu Seoul, Jung-gu, Seoul, at a speed of about 55 km in the direction of Sindo in the direction of the king basin from the new bank to the king basin.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to prevent accidents in advance by safely reporting the traffic situation in front.

Nevertheless, while the defendant neglected to do so, the victim F, who crosses the right side from the left side of the road in the direction of the progress due to the failure to neglect it, was 86 years old above the floor by shocking the front side of the driver's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a significant decrease in the function of recognition that caused the victim's blood transfusion, prop-freeing blood, the right-hand pelle, etc., which requires continuous medical treatment for a long time, and a serious injury, such as a isolation, walking disability, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. The application of statutes to each medical certificate, each medical statement, and a factual inquiry report;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] is the basic area (4 months to 1 years) (special mitigation) [the victim] where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, or where serious injury has occurred / (1) [the decision of sentence] - In the case of serious injury - the circumstances favorable to the injury - confession, reflectness, joining a mutual aid association.