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(영문) 서울중앙지방법원 2014.02.07 2011고단7616
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low-speed.

At around 08:10 on May 12, 2010, the Defendant driven the above high-speed car, and proceeded to a salke-dong 921, Gangnam-gu, Gangnam-gu, Seoul, on the back of salke-dong 921, and confirmed the safety by checking the front and rear left well, and by neglecting the duty of care to prevent the accident even though there was a duty of care to prevent the occurrence of the accident, the Defendant, as a driver, did not neglect it and proceed without neglecting it, caused the victim D (ma, 11 years old) who was driving a bicycle on the right side from the left side of the Defendant's running on the right side, resulting in the injury of the victim, such as a tent, etc., and thereby resulting in the serious disease of the salke, math and stress disorder on both sides.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. E prosecutorial statement;

1. E statements;

1. Statement on the occurrence of each traffic accident;

1. A report on traffic accidents and a report on actual condition;

1. An accident site photograph;

1. Each medical certificate, each medical opinion, each return letter, and a summary on release for each patient;

1. Application of Acts and subordinate statutes of a physical appraisal report;

1. Determination on the issues of Article 3(1) and the proviso of Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts

1. The defendant and his defense counsel's arguments are driving a car.

Recognizing the fact that the victim caused bodily injury, such as a thalone, by shocking the victim, the victim's thalone math and external stress disorder on each side does not have any causal relationship with the defendant's breach of duty of care, and even if the family causal relationship is recognized, the thalone stress disorder does not constitute serious injury.

2. Determination

A. We examine the causal relationship, based on the evidence adopted and examined by this Court.

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