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(영문) 서울중앙지방법원 2018.10.05 2018고단4788
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 two-wheeled vehicle.

On June 6, 2018, the Defendant driven the above vehicle at around 21:20, and proceeded along the two-lanes of the two-lane road in the direction of the front bank of the Seoul Gangnam-gu, Seoul. The location is where the crosswalk is installed. As such, in such cases, the person engaged in driving service has a duty of care to safely drive the front bank and the left and to prevent accidents by safely driving the vehicle at a speed.

Nevertheless, due to the occupational negligence of neglecting this, the Defendant got the victim D (52) who crosses the crosswalk to the left side from the right side of the Defendant’s vehicle to the left side of the road without permission, and caused the victim to suffer bodily injury, such as a light flag and a flag to the right side of the Defendant vehicle, which requires approximately 14 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Photographs related to accidents;

1. Report on internal investigation (related to the statement by a target person telephone), investigation report (the statement by a victim's telephone);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The sentencing of Article 62(1) of the suspended sentence under the Criminal Act is taken account of the following circumstances: (a) the mitigation area (one month to eight months) of the mitigated area (the special mitigated person) of the type 1 of general traffic accident (the victim] (the victim is also at a special mitigated person); (b) the victim was at considerable fault in the occurrence of traffic accident or the expansion of damage; (c) the victim was at the beginning of the accident; and (d) the victim was at a large fault in the occurrence of the accident.

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