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(영문) 서울북부지방법원 2017.10.26 2017고단3501
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B concrete mixtures trucks.

On February 4, 2016, the Defendant driven the above truck at around 13:50 on February 13, 2016, while driving the above truck to the direction of the 5 arche-ro 459, Gosan-ro, Dongdaemun-gu, Seoul, about the direction of the 5 arche-ro market, while driving from the vicinity market to the direction of the 5 arche-dong luminous commercial building.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to take a full-time and right-hand side and to make reasonable judgment on road circumstances and to prevent collision with others.

Nevertheless, the Defendant did not discover the victim C (V) who was crossing the road from the right side of the Defendant, to the left side, due to the negligence in the course of his duties, which caused the failure to perform such duties on the front side of the Defendant’s truck, and went over the damaged part to the left side of the Defendant’s truck, and led the part of the victim’s bridge to the front side of the left side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused approximately 15 weeks of treatment, such as mination of flapsing on the right side, and thus caused injury to the pedestrian disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A traffic accident report or an occurrence of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the standard for sentencing reasons for sentencing of imprisonment without prison labor / [type] types 1 of general traffic accidents [the scope of recommended punishment] basic area (the scope of recommended punishment for a traffic accident between April and one year): Where the victim is negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim has no record of criminal punishment for the decision of punishment for the occurrence of a traffic accident, four children support the comprehensive motor vehicle insurance.

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