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(영문) 서울서부지방법원 2020.06.16 2020고단419
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 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 BP car.

On October 4, 2019, the Defendant driven the above vehicle on October 11, 2011:30, and proceeded one-lane road of Eunpyeong-gu Seoul Metropolitan Government 12-gil, one-lane from the entrance of the C market from the side of the C market.

At the time, there was a vehicle parked on the right side of the front side of the road, and there was a duty of care to confirm the safety of the vehicle by checking that the person engaged in driving service was damaged or stopped at sufficient intervals while considering the speed reduction and its attitude.

Nevertheless, the defendant neglected this and went back to the left side of the victim D (the age of 50) who was parked next to the parked vehicle due to negligence while driving the vehicle as it is.

Accordingly, the Defendant suffered injury to the victim, such as so on, but not limited to, approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Application of Acts and subordinate statutes on site photographs of accident, crime prevention ct images, and closure photographs;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. In the event of this case where the sentence of sentence was determined, the victim suffered serious injury that needs to be treated for about eight weeks, and the victim shall be relieved of damage in addition to compensation through liability insurance in which the vehicle driven by the defendant was subscribed;

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