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(영문) 서울중앙지방법원 2017.11.08 2017고단6883

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale car B.

On August 30, 2017, at around 10:05, the Defendant continued to 4 lanes in front of Gangnam-gu Seoul Metropolitan Government C in order to proceed to a opposite lane in the vicinity of the Lenes hotel shooting distance while driving at the speed of one lane from the Naria Syria Syn Syn Syn. to the n.e., the Defendant continued to proceed to the opposite lane.

At the same time, there is a center line of yellow solid lines, so the defendant who is engaged in driving a motor vehicle had a duty of care to make a U-turn at the permissible point of U-turns by proceeding more than before the intersection of the LeneS hotel shooting distance.

Nevertheless, the Defendant neglected this and did not discover the EPE125 Orala, which was driven by the victim D (33 tax) who was in the second line of the opposite opposite lane due to the negligence of the central line, and had the victim go beyond the road by taking the left side of the victim's vehicle as the front part of the Defendant's car.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s left-hand frame, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement of occurrence of traffic accidents by defendants;

1. Written statements of D;

1. Photographss by cutting off on-site photographs and black stuffs images;

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, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] general traffic accidents of category 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) in the mitigation area (including specially mitigated persons] in the punishment non-members (including efforts to recover damage);