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(영문) 서울중앙지방법원 2017.05.31 2017고단1947
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 KS7 car.

On March 2, 2017, the Defendant driven the above car at around 12:55, and driven the road of 421 degrees in front of the headquarters in Gangnam-gu Seoul Special Metropolitan City, the Haguero 421, along the two-lanes in front of the headquarters in KT, one lane from the hill bank to the Ssco-distance bank.

Since there is a crosswalk where a signal, etc. is installed, in such cases, a person engaged in driving a motor vehicle has a duty of care to check whether he/she has a person to reduce the speed and to build a road, and to safely drive the motor vehicle in accordance with the new subparagraph.

Nevertheless, due to the negligence that the Defendant neglected this, while driving in violation of the signal while the signal was stopped, the Defendant was driven by the victim C(32) who was driving on the right side of the crosswalk at the right side of the direction of the Defendant in accordance with the Mar. 1, 200.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the mouths on the right side of the victim, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written statement on the occurrence of traffic accidents;

1. Investigation report (verification of black stay images);

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [the scope of recommending punishment] general traffic accidents in the category 1 (Bodily Injury from Traffic Accidents) and the basic area (from April to one year) (no person who is subject to special sentencing)

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