(영문) 서울남부지방법원 2018.11.27 2018고단3804

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(영문) 서울남부지방법원 2018.11.27 2018고단3804

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Oralba.

On June 14, 2018, around 22:08, the Defendant driven the front road of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government D) at a remote distance from the surface of the early school distance of the front school of the front school of the middle school of the middle school of the middle school of the middle school of the middle school of the middle school of the middle school of the middle road of the middle one way, at an in

Since the location is a road on which a central line is installed, there was a duty of care to thoroughly drive the vehicle in front and safely in compliance with the order of the driver.

Nevertheless, the Defendant neglected this and driven beyond the median line and proceeded along the other side of the son E ( South, 51 years old) driving on the other side of the son E ( South, 51 years old) with the left side of the son on the left side of the Defendant’s operation.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the third left-hand edge of the 8 week medical treatment, which is in need of approximately 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and photographs related to traffic accidents;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s negligence and degree of damage, shall be taken into account, and a sentence of imprisonment without prison labor shall be selected as ordered, taking into account the following factors: (a) the confession of a crime; (b) the insurance processing is likely to have been performed; (c) the Defendant’s age is yet past, and (d) the primary offender is the Defendant’s age, sexual behavior, environment, criminal record, etc.

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