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(영문) 서울북부지방법원 2019.01.31 2018고단5348

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 a bus in the case of fishing between B and B.

At around 09:20 on November 13, 2018, the Defendant proceeded about four-lane roads in front of the Seoul Northernbuk-gu Seoul, Seoul, and about 40km in speed in the direction of the river basin in the direction of both sides.

At this point, traffic signals are installed and traffic control is performed, so there was a duty of care to prevent accidents in advance by safely driving according to traffic signals through a person engaged in driving of a motor vehicle by looking at the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim D (the 65-year-old) driving, who was making a left turn pursuant to the new subparagraph by negligence in violation of the signal, into the rear side of the bus driving of the Defendant, and got the victim D(the 65-year-old) to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the lower-class senior executive member in need of approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of accident-related photographs and accident-related video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. In violation of the notification of the reason for sentencing under Article 62(1) of the Criminal Act, there is a large number of errors causing traffic accidents and the degree of injury suffered by the victim.

The sentence of imprisonment without prison labor shall be selected against the defendant.

The defendant is the first offender.

The agreement was reached with the victim.

The defendant supports three wifes and minor children.

The sentencing guidelines for traffic crimes are set in consideration of the scope of recommendations (one month to eight months), the standards for suspension of execution, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, etc.