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(영문) 서울서부지방법원 2018.12.20 2018고단2716
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in the operation of a rocketing car.

On April 20, 2018, the Defendant driven the said car at around 00:39, while driving the said car at a speed that makes it impossible to identify one lane prior to the Seoul Eunpyeong-gu Seoul Metropolitan Government D from the direction of the new car high school to the reverse village.

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service is a person who gets on a road by reducing the speed and by checking well the right and the right and the right and the right.

Nevertheless, the Defendant neglected to do so and proceeded on the front side of the crosswalk which is set up on the front side of the crosswalk, and received the victim E (the age of 35) who crosses the crosswalk from the right side to the left side, as the top part of the said car.

Ultimately, the Defendant suffered approximately 10 weeks from the above occupational negligence in light of the 10th day care.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The application of Acts and subordinate statutes to a traffic accident report, report on internal investigation (the receipt of an accident and video booming of a damaged vehicle), and 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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: A comprehensive motor vehicle insurance is subscribed to, and agreed with, the victim; the defendant was in progress in accordance with the direct line of the vehicle in the front section; the victim was standing in the crosswalk without signal, etc.; the occurrence of the accident in this case seems to somewhat exist; the victim's negligence appears to exist in the occurrence of the accident in this case; the circumstances disadvantageous to the defendant was old: the defendant's age, sex, family relationship, and crime.

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