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(영문) 서울중앙지방법원 2018.09.14 2018고단4582
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On May 18, 2018, at around 11:00, the Defendant proceeded along a three-lane of 435 of the CJ jun of Gangnam-gu Seoul, Seoul, along the two-lane from the rogate of the hill station to the direction of the route of the Dosung elementary school, and led to the direction of the 89 way toward the direction of the Dosung elementary school, making a right-hand right-hand at about 20km at the speed.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and by examining the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and went beyond the ground by taking the victim D (the age of 54) who crossed the crosswalk to the right side from the left side by his negligence and going beyond the ground.

As a result, the Defendant suffered injury to the victim, such as the right upper body, the upper body, etc. in need of approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

2. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the grounds for the suspended sentence] The basic area of sentencing [the grounds for the suspended sentence] types 1 (determination on the recommended area of traffic accidents] of the ordinary traffic accidents [the scope of the recommended sentence] from 4 months to 1 years [the scope of the recommended sentence] of the basic area / [the mitigated factors for general sentencing]: The mitigated factors for the aggravation of the subscription to the Financial Cooperative: The applicable proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents [the scope of the sentences] / [the suspended sentence] 5 years or less without prison labor [the grounds for the suspended sentence] general consideration.

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