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(영문) 서울남부지방법원 2018.05.10 2018고단1506

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for four 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 defendant is a person driving a CM5 vehicle.

On February 6, 2018, the Defendant driven the above vehicle at around 20:10, and turned to the left at a speed that is impossible to identify one lane between the four-lanes at the entrance of the Gu office of the Gangseo-gu Seoul Metropolitan Government at the intersection of the entrance of the Gu office of the Gangseo-gu, Seoul and the long distance of 497 two-lanes at the parallel of the entrance of the Gu office of the Gangseo-gu, Seoul.

At the time, the signal, etc. is installed at night, and in such a case, the driver of the vehicle has a duty of care to prevent the accident by driving the vehicle safely in accordance with the new subparagraph.

Nevertheless, the Defendant is negligent and negligent in proceeding to the left-hand turn on the left-hand signal while driving the victim D(33 years) who is proceeding in accordance with the straight line in the direction of the U.S. Station in Yangcheon Confucian School in the opposite direction.

The left side part of the vehicle of the Spoor is the left side part of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as the body felbling of both the two sides of the right frame and the body felball, which require approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] No person in the basic field (4 months to 1 year) of the first type of traffic accident (the person subject to special sentencing) [the decision of sentencing] / [the decision of sentencing] 4 months of imprisonment without prison labor for 4 months and suspended execution (the fact that the defendant's gross negligence and the degree of injury to the victim is not less than that of the victim, the fact that the defendant was covered by the comprehensive motor vehicle insurance, the first fact that the defendant was the offender, and other consideration such as the age,