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(영문) 서울서부지방법원 2017.07.13 2017고단1057
교통사고처리특례법위반(치상)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Refrigerants.

On March 15, 2017, the Defendant driven the above air conditioners around 04:24, and proceeded along three-lanes in front of the Seoul Seodaemun-gu Seoul Metropolitan Government D Building with three-lanes in front of the viewing air space from the front of the viewing air space to the front of the air space.

At the time, there is a night and a place where the center line of the yellow real-line is installed, so there was a duty of care to make a person engaged in driving service thoroughly and to make a U-turn at the point where the U-turn is permitted.

Nevertheless, the Defendant caused the Defendant to go beyond the front wheels of the victim E (54) who was driven by the opposite vehicle in the center of the right side of the Defendant’s vehicle due to the negligence of the central line.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal of the upper body flasium, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Six months of imprisonment without prison labor to be suspended;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court en banc Decision 2007Do1448, Apr. 1, 2007) (see, 201; Supreme Court Decision 2007Do1488, Apr. 1, 2007) (see, 207Da1148, Apr. 2, 201))

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