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(영문) 서울서부지방법원 2018.10.04 2018고단2269

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 B-learning car.

On May 20, 2018, the Defendant driven the above vehicle at around 22:50, and driven the D hotel in front of the hotel located in Mapo-gu Seoul Metropolitan Government, along the one-lane between the two sides of Mapo-gu and the one-lane between the two sides of Mapo-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the Defendant received victims E (53) and victims F (35 years old) from the left side of the running direction of the Defendant, who opened the crosswalks to the right side in accordance with the pedestrian signals, respectively, as the front side of the Defendant’s passenger car, and had the victims go beyond the floor of the Defendant’s passenger car.

Ultimately, the Defendant suffered injury to the victim E, such as a ductal and closed dys that require approximately eight weeks of treatment due to occupational negligence as above, and injury to the victim F, such as crypumum, tension, etc., which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The defendant's degree of negligence and the degree of injury of victims are not less exceptionally, and no agreement has been reached with the victims.

o favorable circumstances: A hazard vehicle is covered by a comprehensive motor vehicle insurance, and the defendant is the first offender.

The age, sex, environment, etc. of the defendant in the same circumstances as o or above.