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(영문) 서울남부지방법원 2018.01.18 2017고단4899
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On August 30, 2017, the Defendant driven the above cargo vehicle around 06:22, and led the front intersection of Yeongdeungpo-gu Seoul Metropolitan Government to drive at an insular speed along the three-lanes of the non-lanes from the private street room of commercial buildings.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to prevent accidents in advance by safely driving the signal in accordance with the signals instructed by the signal apparatus.

Nevertheless, the Defendant neglected this and did not stop red signals, and was negligent in violating signal signals, and received from the right side of the cargo vehicle of the Defendant, the part of the victim D (Y, 56 years old) in front of the E-Poter cargo vehicle in front of the E-Poter in front of the cargo vehicle of the Defendant, who was in progress under the new name from the right side of the cargo vehicle of the Defendant to the left side.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of an area in the brupt of the brush, in need of approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report and diagnostic report, on-site photographs, field photographs, CCTV CDs, and investigative reports (to hear the statements of victims);

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 choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: An agreement with the victim;

(k) Unfavorable circumstances: Gross negligence in violation of signal signals, the degree of injury of the victim is serious, and criminal records of the same kind;

The defendant's age, sex, circumstances of accident, degree of damage, circumstances after crime, etc. are considered.

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