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(영문) 서울중앙지방법원 2018.06.01 2018고단1263
교통사고처리특례법위반(치상)
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 driving a C observer car.

On September 25, 2017, the Defendant driven the above car at around 15:30 on September 25, 2017, and driven the 3-distance intersection at the entrance of Geumsan-ri Village at the time of safeness, with the death of the day-to-day from the voice protection area, and led D to the 7.5 tons truck truck freight vehicle driven ahead of the same direction.

At this point, there is a place where one lane is set up, and since it is a three-distance intersection at the entrance of the east village, there was a duty of care to avoid driving persons.

Nevertheless, the Defendant neglected this on the ground that the freight is driving, and instead proceeded on the opposite side by the negligence of passing it on the left side in order to pass it ahead, and again, during the return of the freight in the future, the Defendant shocked the front left side of the freight vehicle on the right side of the freight, and fell down on the right side.

Ultimately, the Defendant suffered from the injury of the victim F (V, 66 years old) who was on board the head of passenger car operation due to the foregoing occupational negligence, such as the influence of the detailed trends in need of approximately 10 weeks medical treatment, and the closure of the vehicle.

Summary of Evidence

1. Defendant’s legal statement

1. Report on internal investigation (D telephone conversations) and report on internal investigation (victim F telephone communications);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of confession, deposit, record of the same crime, etc.);

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