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(영문) 서울북부지방법원 2013.05.16 2013고단492
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duties of driving off off-line cargo vehicles.

On March 14, 2012, the Defendant driven the above vehicle on March 14, 2012, and turn it to the left at the direction of the recycling pharmacy at the new bank crossing of the front house of 696-24 of Dobong-gu Seoul Metropolitan Government, Dobong-gu (which has no difference between the road and the sidewalk and there is no difference between the two).

A person engaged in driving service has a duty of care to live well, and safely proceed with the whole-way.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and did not discover the victim D(71) who was carrying the Hand in the front of the road in which the Defendant was driving, and instead did not find the victim D(71) who was carrying the Hand on the left side of the said Lone Star vehicle, and went beyond the surface of the road by collisioning the hand-Hand car where the victim was pushed down.

Ultimately, the Defendant suffered injury to the victim due to such occupational negligence as “the victim suffered from injury, such as the blood species from the brain salute, the blood species from the brain salute, the dalutical brain salute, the two frameworks, and the pressure of chest 12 chests.”

Due to the above injury, the victim was hospitalized in the middle-patient room for about five months due to the risk of life, and the post-treatment was difficult to perform independently, and it was impossible to perform the daily life action, and the high-level recognition function was lowered.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident;

1. Statement of opinion (whether serious injury is involved);

1. The application of Acts and subordinate statutes to requests for cooperation with investigation;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the decision of type] traffic accident in general traffic accident: the injury of traffic accident (the person with a special punishment): aggravated factors.

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