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(영문) 서울남부지방법원 2019.03.12 2019고단24
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2018, the Defendant, who is engaged in the operation of BMW 520 automobiles, was driving the said automobiles at around 05:50 on November 2, 2018, and was driving on the two-lanes between the two-lanes from the intersection in front of Yangcheon-gu Seoul Metropolitan City, to the intersection in front of the T-gu Seoul Metropolitan City.

In such a case, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the good faith by complying with the speed limit and living well on the right and the right.

Nevertheless, the Defendant neglected this to drive a speed exceeding 27.8 km at a speed of 27.8 km, and the vehicle signal in front of the direction of the operation is the left-hand turn signal, which was driven by the Defendant due to occupational negligence, while disregarding that the vehicle signal in front of the direction of the operation is the left-hand turn turn, and the victim D(54) who normally turn to the left-hand turn turn at the road corresponding to the above BMW car that was driven by the Defendant, conflicts with the front side of the K5 car driving by the Defendant

Ultimately, the Defendant suffered approximately six weeks of medical treatment due to the above occupational negligence, such as the 1 cage cage of a single cage cage, other than the 1 cage cage cage fage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

1. On-site survey reports, vehicle photographs, traffic accident analysis reports, blackbox CDs;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The scope of sentencing guidelines of the Sentencing Committee shall be equally considered in light of the following factors: (a) the details and result of the reason for sentencing under Article 62(1) of the Criminal Act; (b) the background of the accident; (c) the degree of illegality of the defendant's negligence (f) the degree of injury (f) the victim; (d) the smooth agreement with the victim; (e) the absence of traffic offense; and

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