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(영문) 서울남부지방법원 2017.11.09 2017고단4133

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The suspect is a person engaging in driving service of driving a motor device bicycle.

On May 27, 2017, when driving the above vehicle, around 22:10, the driver tried to turn to the left over the right of the road of the four-lane 4-lane in front of Yeongdeungpo-gu Seoul Metropolitan Government D in the direction of the cadastral construction on the opposite underground vehicular road.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to live well with a signal, etc. and to drive safely in accordance with the signals.

Nevertheless, as long as this is neglected, it caused an accident in the red mix by entering the intersection of the yellow mix, and caused an accident in the red mix, and caused the front side of the F-Engine that is driven by the victim E ( South, 32 years old) driving in the top of the three lanes in the direction of the anti-raid mardo in the direction of the anti-raid mix in the front side of the above vehicle.

In the end, the victim suffered from the injury of the body franchising in the left-hand body, which requires approximately eight weeks of medical treatment, due to these occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution is that there are unfavorable circumstances such as the mitigation area (one month to eight months) [the person who has been specially mitigated] [including efforts to recover damage] imprisonment without prison labor for six months, the degree of injury to the victim for one year of suspended sentence is heavy, the degree of negligence of the defendant is heavy, but there are also favorable circumstances such as confession and rebuttal, the agreement with the victim, and the first offense.