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(영문) 서울중앙지방법원 2017.09.19 2017고단4285
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving CEX car.

On March 29, 2017, the Defendant driven the above car on March 29, 2017, and came to turn to the left at each wingside of the 201 South-gu, Gangnam-gu, Seoul.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed to a person engaged in driving service, take into account the right and the right of the route, and safely turn to the left according to the new code to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn left due to the failure of the former signal in violation of the new code, and received the front part of the victim D(W, 38 years old) driving e220 bents in the opposite direction from the front part of the said car in accordance with the new code.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as brain ties, etc. requiring approximately 3 weeks of treatment, injury to the victim F (the 35 years old), who is the passenger of the damaged vehicle, such as the left-hand pelle pelle chief in need of treatment for about 6 weeks, injury to the victim G (the 44 years old) of the same passenger, such as external wounds, ples, left-hand pelle, etc. requiring approximately 14 weeks of treatment, injury to the victim H (the 38 years old) of the same passenger, such as the left-hand pelle, etc. requiring approximately 14 weeks of treatment, and injury to the victim I (the 25 years old passenger), who is the passenger of the defendant's vehicle, for about 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, F, and D;

1. A survey report on actual conditions;

1. A report on investigation;

1. Opinions, the application of each statute of diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment of an alternative imprisonment without prison labor;

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