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(영문) 서울남부지방법원 2019.10.10 2019고단3097
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2018, the Defendant driven the above vehicle at around 05:15 on June 9, 2018, while driving the vehicle at a speed of about 5 km per hour depending on two lanes.

At the time, there was a new wall time and there was a duty of care to view the driver of the motor vehicle back to the back and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and got the victim D (35 years of age) to load the above vehicle with the part on which the victim D (35 years of age), who was in the rear of the above vehicle due to the negligent negligence, went beyond the road, and served as the front part of the victim's bridge.

In the end, the Defendant suffered from serious injury, such as the dives of legs, under which the victim was unable to receive treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (verification of the current status of a victim);

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

1. Selection of alternative imprisonment without prison labor;

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

1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act, the degree of illegality of Defendant’s negligence, serious injury, and agreement was submitted, but the full amount of agreement has not been paid up to now. The sentence like the order shall be determined by comprehensively taking into account all the factors of sentencing as indicated in the arguments in the instant case, including traffic accident circumstances, the degree of illegality of Defendant’s negligence, serious injury, and agreement.

It is so decided as per Disposition for the above reasons.

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