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(영문) 서울서부지방법원 2018.10.18 2018고단2252
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 who is engaged in driving a rocketing car.

On June 3, 2018, the Defendant driven the above car at around 06:58, and came to turn to the left at an irregular speed from the right edge of Eunpyeong-gu Seoul E-do to the right edge of the road at the front speed of the Eunpyeong-gu, Bupyeong-gu, Seoul.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by reducing speed to a person engaged in driving the motor vehicle and keeping the right and the right of the road well.

Nevertheless, the Defendant neglected this and neglected to turn to the left without disregarding that the vehicle driving signal is a stop signal, and received the full part of the Gone Star F (52 tax) driving in accordance with the straight line on the opposite lane from the opposite lane as the front part of the vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim H (the age of 57) who was on board the damaged vehicle, such as the chill and tension that requires approximately 3 weeks of medical treatment, and the victim H (the age of 57) who was on board the damaged vehicle with approximately 13 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs of the damaged vehicle, damaged vehicle, and on-site photographs;

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

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 on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The degree of negligence of the defendant and the degree of injury of the victims are not somewhat weak.

o favorable circumstances: Aquatic Vehicle is covered by a comprehensive motor vehicle insurance, agreed with the victims separately, and the defendants are the first offender.

In the same circumstances as o or more, the defendant.

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