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(영문) 서울중앙지방법원 2017.08.16 2017고단3126
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment 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 who is engaged in driving B-learning vehicles.

피고인은 2017. 4. 6. 20:00 경 서울 강남구 대치동 1014-3 대치 삼성아파트 앞 교차로에서 위 차량을 운전하여 삼성 래미 안 대치 팰리스 아파트 방면에서 묘동 교회 방면으로 좌회전하게 되었다.

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to check whether a person engaged in driving service is a person who gets on a way to reduce the speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and went on to the left-hand side of the Defendant’s vehicle, thereby putting the victim C (the 46-year-old age) into the left-hand side from the right-hand side of the marina course.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body frame of the body body in need of approximately 16 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture [the scope of recommended punishment] The result of negligence and damage, which are favorable to the circumstances, such as the following: (a) where the illegality of the type 1 (the injury caused by traffic accidents) in the aggravated area (8 months to 2 years) (the special aggravated person) (excluding 8 months to 2 years) is serious; (b) where the accident is serious; (c) where the vehicle driving is recognized as a crime; (d) where the vehicle is covered by a comprehensive motor vehicle insurance; and (e) the fact that there is no special criminal record except for a punishment of two million won due to fraud, is likely to cause serious injury to the pedestrian on the crosswalk.

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