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(영문) 서울중앙지방법원 2018.04.25 2018고단635

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 defendant is a person who is engaged in driving a rocketing car.

On December 27, 2017, the Defendant driven the above vehicle around 19:40 on December 27, 2017, and driven the road of four-lanes in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, along two-lanes from the corner of the valley to D elementary school, at a speed of about 60km each hour.

Since there is an intersection where signal lights are installed, in such cases, the person engaged in driving service has a duty of care to reduce the speed and to check whether there is a vehicle passing through the intersection by checking the front side well, and to prevent the accident in advance by driving safely in accordance with the signals.

Nevertheless, the defendant neglected this and caused the damage to the left in violation of the signal and caused the damage to the victim E (the remaining and the age of 21) in front of the vehicle driven by the defendant by negligence in violation of the signal.

As a result, the Defendant suffered approximately 13 weeks of medical treatment from the above victim due to the above occupational negligence. The Defendant suffered a subdivision of the body frame in the left-hand body body.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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. Selection of a credit cooperative without prison labor for punishment;

1. Where the reason for sentencing under Article 62 (1) (i.e., confession, reflectiveness, initial crime, agreement, etc.) of the Criminal Act (i.e., the scope of recommending punishment) of the Act on the Suspension of Execution is the basic area (i.e., the type of traffic accident) (ii) (ii) (i.e., April to one year) (i., a special mitigation (including a serious effort to recover damage) / Cases where the illegality in Article 3 (2) (excluding subparagraph 8) (ii) of the Act on the Special Cases of the Union is serious, or the case of a bomb driving;