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(영문) 서울북부지방법원 2019.01.10 2018고단3051
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in the operation of BMW car.

Around 16:50 on May 7, 2018, the Defendant driven the said car, and led the front road of Seongbuk-gu Seoul to the speed of about 65 km from D to D, at the speed of about 65 km.

At this point, a restricted speed is 30 km per hour as a children protection zone. In such a case, there was a duty of care to prevent accidents, such as complying with the restricted speed to those engaged in the driving of a motor vehicle, keeping well sees the right and the right, and accurately operating the steering and brakes, etc.

Nevertheless, the defendant neglected this and caused the victim E (I, 65 years old) who illegally crossed the above road to the right side from the left side of the Roman course direction when he was negligent in driving the speed exceeding about 35 km per hour.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. A medical certificate;

1. Reports on internal accidents (the analysis of speed of vehicles involved in accidents prior to accidents);

1. Application of Acts and subordinate statutes to investigative reports (afix photographs, such as accident images);

1. Article 3 (1) and Article 3 (2) (proviso) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The basic area (4-1 year) of the first type of traffic accident (4-1 year) [Special Mitigation (including serious efforts to recover from traffic accident), / In the event of serious injury (1) / [1] the defendant's negligence caused the victim to lose his/her daily life which he/she was deprived of due to serious injury, and his/her family members also suffered pain due to sick nursing, etc.

The defendant's accident.

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