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(영문) 서울남부지방법원 2018.04.26 2018고단384

교통사고처리특례법위반(치상)

Text

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

However, the execution of a sentence 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 engaged in driving a car B k3 vehicle.

On November 24, 2017, at around 07:40, the Defendant driven the front side road of Gangseo-gu Seoul Metropolitan Government Seoul Metropolitan Government C in the direction of the village, such as from the dives of the U.S. basin, at a low speed.

Since a crosswalk without signal, etc. is installed on the front side at the time, a driver is obliged to take a duty of care to check whether there is a person who gets on a way to reduce the speed and to check the front side and the left side well, and to drive safely.

Nevertheless, when the defendant neglected this and continuously proceeded, he did not immediately discover the victim D (37 tax, female) with the victim D (37) which was the victim of the Marshing crosswalk, and did not avoid it, and he shocked the victim with the front part of the driver's car.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as the cutting of the body of the franchis in need of approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the occurrence of a traffic accident, and a written statement on the occurrence of a traffic accident;

1. Blucs cambling CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 selection of imprisonment without prison labor, concerning criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to one year) of the sentencing criteria [the scope of recommended punishment] and the basic area (the person causing a traffic accident) of the types of general traffic accidents;

1. Determination of sentence (determination of sentence, suspension of execution, etc.), the degree of damage is not obvious or agreed, the damage is expected to be compensated by the defendant's vehicle as a comprehensive insurance, and the damage is expected to be compensated by substitution, taking into account various factors of sentencing, such as the defendant's age, sex, environment, criminal record, family relation, etc.