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(영문) 서울중앙지방법원 2018.02.01 2017고단5883

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

around 16:50 on March 16, 2017, the Defendant, who is engaged in driving C 250cc wheeled Vehicle, was driving the said two-wheeled Vehicle on the front side of the “The Treatment Foundation Building,” located in the mid-gu Seoul, Jung-gu. In such a case, the driver of the two-wheeled Vehicle has a duty of care to ensure that the driver of the two-wheeled Vehicle will not obstruct the progress of other vehicles by checking the career safety by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are damaged are damaged.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. The application of Acts and subordinate statutes to a motor vehicle accident report, a traffic accident scene report, an accident scene photograph, a diagnostic report, a written estimate, an investigation report (verification of an accident video), or a photograph to take CCTV images;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of sentence (1) in a case where an injury occurs among the types of traffic accidents (8 months to two years) in the aggravated area (in a case where a special aggravated person) during the sentencing guideline for the reasons of sentencing in Article 62-2 of the Criminal Act of the community service order and order to attend lecture, the scope of recommendation [the scope of recommendation] under the sentencing guidelines for the sentencing of Article 62-2 of the Criminal Act - the determination of sentence - the recovery of damage (medical expenses amounting to 4,789,760, agreed amounting to 18 million won) through the insurance company - the unfavorable circumstances: