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(영문) 서울남부지방법원 2018.01.18 2017고단5497

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for five 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 W125 Orala driving.

On October 3, 2017, the Defendant driven the above Obae on the 23:00 on October 3, 2017, and got two lanes from the three-lanes in front of the detention basin in Yangcheon-ro, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, to the ebbbbbbbal area of the modern department store, and turned to the left at a efic speed.

In this case, the driver had a duty of care to prevent accidents by driving safely according to the signals instructed by the signal apparatus.

Nevertheless, the defendant neglected this and did not stop red signals and neglected to turn to the left, and instead failed to go to the left, and received UT125XK Oba from the victim C ( South, 37 years old) who was in progress under the new code from the left side of the running direction of the defendant, to the right side of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure of a sufficient frame, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to a traffic accident report, diagnosis certificate, investigation report (to hear statements of victims);

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, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. Normal circumstances that are favorable for the reason of sentencing under Article 62-2 of the Criminal Act: The first offender, the fact that the error is against the wrong, and the partial compensation for damage (270 thousand won); and

(k) Unfavorable circumstances: Gross negligence on the part of a violation of signal, and the degree of injury on the part of a victim is not weak;

0. Other factors such as the fact that the defendant's office is subscribed to liability insurance, the circumstances of the accident, the degree of damage, the circumstances after the crime, etc.