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(영문) 서울동부지방법원 2018.08.24 2018고단1470
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 a car with a ASEAN.

On March 19, 2018, the Defendant driven the above car at around 00:05, and was in the signal atmosphere in order to turn to the left at the right-side of sexual protruding distance while driving a three-lane road in front of Gwangjin-gu Seoul Special Metropolitan City at the right-side of the children's large park at the right-side of the road.

In such cases, there was a duty of care to prevent accidents by driving safely in accordance with traffic signals.

Nevertheless, the Defendant neglected this and caused the collision between the front part of the E-wheeled Automobile driven by the victim D (22 years old) who was driven by the victim D (22 years old) who was driven by the victim D (22 years old) who was driven under the new subparagraph on the face of the children's large park at the right side of the E-wheeled Automobile, and due to the shock, the said two-wheeled Vehicle goes beyond the road, and the above two-wheeled a collision with the front part of the said two-wheeled Automobile in order to proceed into the opposite side of the sexual traffic in the face of the children's large park.

Ultimately, the Defendant caused the victim H(27 years old) who was accompanied by the said two-wheeled vehicle to suffer approximately 4 weeks of a 5-day therapy, and the victim H(27 years old) who was accompanied by the said two-wheeled vehicle for about 10 weeks of a medical treatment, respectively, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D, H and F;

1. The actual investigation report on traffic accidents;

1. Application of the Acts and subordinate statutes to photographs, diagnostic notes, tea paintings, CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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