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(영문) 서울중앙지방법원 2017.07.04 2017고단3666
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 engaging in driving a benz car.

On March 13, 2017, the Defendant driven the above car around 23:38, and continued the front road of Seocho-gu Seoul Metropolitan Government C along the two-lanes from the seat of the express bus terminal to the active duty area.

Since it is a road with a speed of 60 km per hour, there was a duty of care to safely drive a person engaged in driving service by complying with the speed limit.

Nevertheless, the Defendant neglected this and found the victim D (e.g., 50 years old) who crossed the road at a speed exceeding about 40 km per hour while driving the road at a speed exceeding 40 km, and she was forced to drive the road at a speed above the ground. However, the Defendant did not avoid it, but did not go to the front part of the vehicle and did not go to the ground.

Ultimately, the Defendant suffered injuries, such as cages, including cages at least six weeks of medical treatment, from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents;

1. An investigation report (Submission of data related to speed limit at the scene of an accident);

1. Results of appraisal by the National Institute of Scientific Investigation;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that vehicles of the defendant are covered by a comprehensive insurance);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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