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(영문) 서울북부지방법원 2018.07.12 2018고단1240
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence 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 Cuba car.

On February 23, 2018, the Defendant driven the above car at around 16:30 on February 23, 2018, and led the Defendant to drive the car at a speed that is difficult to know from the screen of the Cheongpung-gun D Department of Gyeonggi-gu to the upper end of the Cheongpung-gun.

On the same day, there was a road be a bended by the rain of the road in a narrow state in which the snow of the road is cut off, so in such a case, there was a duty of care to prevent accidents in advance due to the person engaged in driving service by putting the front door well, reducing a sufficient speed, properly manipulating the brakes, steering gear, etc., and safely driving along the lane.

Nevertheless, the Defendant neglected this and operated the said car without reducing a sufficient speed, and caused the said car to be broken off by the negligence of operating the operation of the operation system rapidly, and caused the said car to be on the left side of the said car, and on the top of the left side of the said car, the Defendant got the victim E (n, 67 years old) (n, f7 years old) who was driving along the upper part of the said car to be on the front side of the said car.

The Defendant, by such occupational negligence, suffered injury to the victim E, such as sugars without any room in the two markets where approximately four weeks of treatment is open, and injury to the victim G (V, 58 years of age) who was on board the said fright car in the same manner as the above fright car, such as the left-hand flag, which requires approximately twelve weeks of treatment, after which the Defendant suffered injury, such as the flaging of the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) 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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be the general traffic accident.

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