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(영문) 서울북부지방법원 2018.02.22 2018고단117
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment 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 of Bone Star Co., Ltd.

On October 8, 2017, the Defendant driven the above 06:32 on the 06:32, and proceeded at the speed of about 40 km in the direction of the Dobong Police Station in Nowon-gu, Seoul, Nowon-gu, about a speed of about 40 km in the direction of the Si office in Nowon-gu.

Since there are crosswalks where signal lights are installed on the front door, the driver had a duty of care to reduce speed and drive the front door and the right and the right of the driver and safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the above intersection even if he was a straight signal for the vehicle driving, and received the victim C (75 tax) who was in a straight line under the new code in the opposite part of the direction of the car driving from the above intersection, and was in the front of the D high typ typ typ vehicle during the driving.

Ultimately, the Defendant suffered injury to the victim, such as a scambling, which requires approximately eight weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, a traffic accident situation report, photographs, and medical certificates and other Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances are considered: (a) the instant accident occurred due to the Defendant’s gross negligence with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the victim suffered serious injury due to the instant accident; (c) the victim did not reach an agreement with the victim; (d) the Defendant recognized the facts of the instant crime and reflects the mistake; (e) the vehicles operated by the Defendant are covered by comprehensive insurance; and (e) the Defendant was punished by a fine on one occasion for the violation of the Act on Special Cases Concerning the Settlement

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