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(영문) 서울남부지방법원 2020.05.26 2019고단6566
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:45 August 30, 2019, the Defendant, who is engaged in Otoba driving, driven the front road of Gangseo-gu Seoul Metropolitan Government, with the above Oralba, and proceeded straighten distance from the front side of the wood company distance to about 30km along one lane.

At the time, the road is between the frequent commercial buildings where pedestrians have frequent traffic, and the victim D (or 79 years of age) started to cross the road as between the vehicles in the signal atmosphere, and thus, the driver had a duty of care to prevent accidents in advance by properly operating the steering gear and the steering gear.

Nevertheless, as the Defendant neglected to do so, the Defendant immediately discovered the victim crossing the road from the right side of the vehicle running on the left side of the Defendant’s vehicle due to his negligence, and operated the hand to the left side in order to avoid this. However, the Defendant failed to avoid it, and caused the victim to go beyond the floor by taking the part of the delivery box of the victim’s body.

Ultimately, the Defendant caused injury to the victim by occupational negligence, such as leaving the right her mouths, which require approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Actual condition survey report, report on the occurrence of a traffic accident, statement on the occurrence of a traffic accident, and on-site photograph;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: the degree of injury suffered by the victim is serious.

The defendant did not agree with the victim.

A favorable circumstances: The defendant is a first offender who had no previous record, and this case.

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