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(영문) 서울남부지방법원 2017.10.31 2017고단943
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

On December 3, 2016, the Defendant driven a B rocketing taxi around 00:40, and driven the D convenience store in Geumcheon-gu Seoul Metropolitan Government along a two-lane distance from the edge of bank trees to the shooting distance of the telephone station in the Gu.

Since there is a place where a crosswalk is installed, there was a duty of care to safely drive a motor vehicle after checking whether there is a person who drives a motor vehicle by reducing speed and by checking the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded with the victim E (28 tax) who walked on the crosswalk due to negligence while driving the crosswalk.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as the internal arbitrosis, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing video images of accidents;

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

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. The scope of the recommended punishment shall be the basic area (from April to one year) of the class 1 (the injury caused by traffic accidents) of the general traffic accident: None of the persons subject to special sentencing;

2. The circumstances favorable to the defendant include the fact that the sentence of a fine due to the crime of this type is imposed only once, and the fact that the automobile mutual aid association is insured, etc.

However, in light of the good circumstances such as the negligence of the defendant, the degree of injury is relatively heavy, the defendant's failure to receive a written statement from the injured party, and the defendant's failure to attend the trial without due care, despite being aware of the possibility of criminal trial, should be subject to strict punishment.

Article 51 of the Criminal Act, such as the defendant's age, occupation, and family environment, is amended.

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