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(영문) 서울동부지방법원 2017.08.10 2017고단1568
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 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 of B-si.

On March 4, 2017, the Defendant driven the above taxi on March 23:5, 2017, and driven the road of four-lanes in front of Gwangjin-gu Seoul Special Metropolitan City, in order to proceed to the opposite line while driving on the road of about 30km from the opposite distance to the opposite line along one-lane.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make an internship at the place where the internship is permitted for a driver.

Nevertheless, the Defendant neglected this and caused the bicycle to go beyond the road by taking the front part of the victim D(22) EWS100 motor bicycle driving on the right side of the said taxi, which is driven along one lane from the ebW100 motor vehicle driving on the opposite side of the said taxi.

Ultimately, the Defendant suffered injury, such as mination of minct aggregate on the left-hand side in need of approximately 8 weeks’ treatment due to occupational negligence as above, and injury to the victim FF (22 years) who was accompanied by the said motor device bicycle, such as ducts and ducts of ducts that require approximately 12 weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of the occurrence of a traffic accident of F;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Three copies of a medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes to cover booms video images;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes No. 1 applicable to the sentencing guidelines [the scope of recommendations] General Traffic Accidents Type 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) [the person subject to special mitigation] is not subject to punishment (including serious efforts to recover damage).

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