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(영문) 서울중앙지방법원 2017.10.25 2017고단6051
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 B-S car.

On July 16, 2017, the Defendant driven the above car around 16:12, and proceeded ahead of the 344-ro, Jongno-gu, Seoul, Jongno-gu, 344 (Pelim Dong) Dong-ro, along the three-lanes in the direction of the intersection of Dong-gate, along the speed of about 50km in the direction of the intersection of Dong-gate.

At all times, the driver of all vehicles in the intersection where signal lights are installed has a duty of care to drive safely according to the signals.

Nevertheless, the Defendant neglected this and took part of the full part of the DB125T U.S. driving by the victim C (68 tax) who was left left at the right turn in the opposite direction of the Defendant’s proceeding by negligence in violation of the signal, and received the front part of the DB125T U.S. driving.

Ultimately, the Defendant suffered injury to the victim, such as duplicating the body of the outside side in need of approximately nine weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

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

1. Each medical certificate for C (No. 8, No. 19 once a year);

1. Application of Acts and subordinate statutes, such as photographs at the scene of the accident (No. 5 times a year), map at the scene of the accident (no. 15 times a year), photographs of the vehicle involved in the accident (no. 16 times a year);

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

1. Selection of imprisonment without prison labor (in consideration of the degree of breach of duty of due care of the defendant and the circumstances in which the degree of injury of the victim is serious);

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the defendant is against the principle of criminal facts, and there is no past record of punishment by imprisonment without prison labor or any heavier punishment before the instant case, and there is no record of the same crime except for those punished once in 1994 under the Act on Special Cases concerning the Settlement of Traffic Accidents, and the recovery of damage to the victim through comprehensive insurance, etc.

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