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(영문) 서울남부지방법원 2020.02.06 2019고단5658

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 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 of K5 si.

On October 5, 2019, the Defendant driven the above taxi on October 5, 2019, and driven the four-lane road in front of the building located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu along the two-lanes from the subway big disease control side to the Seoul intersection.

Since there is a white-ray that restricts the change of course, there was a duty of care to refrain from changing course to a person engaged in driving service.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by shocking the white cell line and changing the course into the three-lanes by the negligence of changing the course of the victim D (the age of 29) who is in the middle of the three-lanes.

Ultimately, the Defendant suffered approximately seven weeks of therapy from the above occupational negligence to the right fluor, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D);

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;