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(영문) 서울서부지방법원 2018.05.03 2018고단140
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above imprisonment without prison labor shall be suspended for 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 B 2 cargo vehicles.

On November 24, 2017, the Defendant driven the above cargo vehicle around 14:30, and proceeded along the two-lane road located in the 19-lane, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in the direction of Seoul in the direction of Seoul.

In such a case, the driver of a motor vehicle had a duty of care to prevent accidents, such as reducing speed according to traffic conditions, by properly manipulating the front, rear, left, and right and the right of the motor vehicle, and thereby preventing accidents, such as reducing speed.

Nevertheless, the Defendant failed to accurately operate the brakes, thereby overcoming the center line by negligence in the course of business, which is proceeding without proper speed, and caused a collision between the front portion of the passenger car driven by the injured party C (hereinafter referred to as 59 years old) and the front part of the passenger car driven by the injured party C (hereinafter referred to as 59 years old) with the right side of the freight vehicle of the Defendant, and conflict with the front part of the passenger car driven by the injured party E (53 years old) who continued to proceed on the second-lane of the opposite part with the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C with pressure in spine pressure No. 12, which requires approximately 8 weeks for approximately 8 weeks, injury to the victim C and the victim G (80 years old) suffering from the injury, such as brain dynasium in need of approximately 2 weeks of treatment, injury to the victim E, such as dynasium and tensions of other parts of arms that require approximately 2 weeks of treatment, and injury to the victim E and the victim H (21 years old) in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Article 3(1) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts.

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