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(영문) 서울동부지방법원 2018.09.07 2018고단1502
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 Bchip car.

On April 21, 2018, the Defendant driven the above car at around 14:53 on April 21, 2018, while proceeding one-lane of the three-lanes in front of Gangdong-gu Seoul, Gangdong-gu, at the slope of the road from the slope of the bridge at the speed of about 10km at the speed of about 10km.

At the same time, there was a sign to support the intern of the pedestrian signal at that time. In such a case, the driver had a duty of care to prevent the accident by safely internshiping the person engaged in driving service in accordance with the good faith.

Nevertheless, when a vehicle signal, etc. in front is a red signal, the Defendant was driven by a victim D (27 tax) who was placed under green signals in front of the signal by negligence in contravention of the signal.

EMW S100 R The front wheels part of EMW S100 R was received as the front door part of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment due to the above occupational negligence from both sides of the 12 weeks of the victim, and from the end, the Defendant suffered from the upper half of the two sides.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A report on the actual condition of a traffic accident and the occurrence of a traffic accident;

1. A medical certificate;

1. Each comparison with the enemy;

1. Application of Acts and subordinate statutes on site photographs;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] The area where the sentencing criteria are mitigated (from August to August) (special sentencing factors) shall not be punished;

2. The following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

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