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(영문) 서울중앙지방법원 2013.11.01 2013고단2711
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ecoo vehicle in C.

On February 7, 2013, the Defendant driven the above car on February 15:17, 2013, while proceeding the road located in Seocho-gu Seoul Metropolitan Government Seocho-dong 1446-11 to the south-west circulation from the right side to the south-west. The Defendant entered into the modern water cycle, which is on the left side.

In front of the modern flood, the victim D (the age of 35) was walking along the crosswalk at the entrance of the access road, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to care in advance to safely drive the motor vehicle and prevent the accident by safely driving the motor vehicle.

Nevertheless, the defendant neglected to do so and received the victim's bridge in front of the above passenger vehicle by negligence.

In the end, the Defendant caused approximately 16 weeks of medical care to the victim due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement 1, traffic accident report (1), and (2) of the police interrogation protocol against the accused;

1. Copies of medical records;

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

1. Determination on the assertion of a criminal defendant and his/her defense counsel under Article 3(1) and proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

1. Although it is acknowledged that the Defendant caused the instant traffic accident, in light of the degree of shock and the content of treatment received at the hospital immediately after the shock and shock, the victim cannot be deemed to have suffered an injury that requires 16 weeks of treatment as stated in its reasoning at the time of the said accident.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

(1) The injured party immediately after the accident took place in the F Hospital while accompanying the accused. At the time, the injured party often takes the bridges.

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