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(영문) 서울남부지방법원 2017.01.26 2016고단4611
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II freight vehicles.

On June 8, 2016, at around 19:55, the Defendant parked the above cargo vehicle on the two-lanes of the two-lanes of Yeongdeungpo-gu Seoul Metropolitan Government D, which is located on the front of the two-lanes of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Since there is a slope to the left-hand side, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes of the vehicle to the driver, by checking the situation of the vehicle to be lowered from the driver's seat, and by preventing the vehicle from falling off to the slope on the front side of the vehicle by installing a high-standing trees on the front side of the vehicle.

Nevertheless, the Defendant neglected this and parked the vehicle in a middle-scale “nick” rather than “one stop” or “after leaving the vehicle in a slope without installing a height trees, and caused the victim FF (42 years old) who divided E with the vehicle in the vicinity of the bed parking place while leaving the vehicle due to the negligence of leaving the vehicle without installing a height trees, and caused the victim FF (42 years old) to be the front part of the said vehicle.

Ultimately, the Defendant suffered a 16 weeks or more of the above occupational negligence from the victim’s left-hand side which requires medical treatment, and due to this, the victim becomes a impergy or a imprudent disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Medical certificate (F);

1. A traffic accident report;

1. Application of traffic accident-related photographs and video CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Grounds for Sentencing under Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the aggravated area (from August to two years) of the type of general traffic accident (the person causing a traffic accident) (the person causing a special aggravated punishment).

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