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(영문) 서울북부지방법원 2017.10.19 2017고단3282
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 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 of K5 si.

On July 17, 2017, the Defendant driven the above taxi at a speed of about 50km from July 17, 2017, and proceeded at a speed of about 50 km in the direction of the new road in the direction of the front line of Dongdaemun-gu Seoul Metropolitan Government C, along with the roads of the second line in front of Dongdaemun-gu Seoul.

Since there is an intersection where a vehicle signal, etc. is installed on the front side, in such cases, the defendant engaged in driving the motor vehicle has a duty of care to reduce the speed and prevent the accident in advance by driving the motor vehicle safely according to the traffic signals.

Nevertheless, the Defendant neglected this and attempted to pass through an intersection due to the negligence in the course of business, which caused the Defendant’s negligence in violation of this, and attempted to commit a collision with the victim D(56) who is going to cross along the intersection in accordance with the course signals from the left side of the Defendant, with the right side of the Defendant, with the front portion of the instant 125 motor, and the front portion of the instant 125 motor, which is the Glar F(25) of the Victim F(25).

Ultimately, the Defendant suffered, due to the above occupational negligence, the victim D suffered a fluoral fel of the upper left-hand fluoral aggregate, which requires approximately 10 weeks of treatment, and the victim F, with approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written statement on the occurrence of each traffic accident (D.F), a traffic accident actual investigation statement, and 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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the occurrence of the instant accident by gross negligence that the defendant entered the intersection in violation of the signal, and the victims of the instant accident suffered serious injury, and the agreement with the victim F.

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