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(영문) 서울서부지방법원 2019.01.24 2018고단3962
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 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 the business of driving B-si, and around 00:30 on September 20, 2018, the above vehicle was driven by the defendant, and around 0:30 on September 20, 2018, the front road of Yongsan-gu Seoul Metropolitan Government was driven from the 5-lanes of the Seodo-dong-dong-dong-dong.

At the time of night, the surrounding areas were not well visible compared to the day, and the transport signal is installed, so in such a case, there was a duty of care to prevent accidents by properly operating the steering gear and the steering gear for a person engaged in driving a motor vehicle, displaying the steering direction and the right and the right well, and driving the motor vehicle safely by observing the traffic signal and operating the motor vehicle safely.

However, the Defendant violated the above duty of care and proceeded to turn to the left in accordance with the traffic signals at the time of the victim D(34 years old) driving, which was driven by the victim D(34 years old), was shocked into the front left-hand part of the Defendant’s second left-hand part. Accordingly, the victim D suffered from the closed booms, etc. between the front left-hand part, which requires approximately 14 weeks medical treatment, and the victim F(41 years old) who is the passenger of the Defendant taxi, in need of medical treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order: The degree of negligence of the defendant and the degree of injury of the victim D are not somewhat weak.

o Preferentials favorable to the Do: The Maritime Vehicle is a member of the G Association, and agreed with the victim D.

The defendant's age, character and conduct, environment, etc. shall be taken into consideration in the same circumstances as o or more.

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