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(영문) 서울중앙지방법원 2019.10.15 2019고단3899
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On February 27, 2019, the Defendant driven the above vehicle at around 19:40 on February 27, 2019, and came to turn to the left at the right of the sending box from the side of the same cemetery of Jongno-gu Seoul Metropolitan City, one lane among three lanes in front of Jongno-gu C.

Since there is a left-hand turn in a non-protective area, there was a duty of care to check the front and left-hand side before the left-hand turn is made to a person engaged in driving service and to turn left-hand.

Nevertheless, the defendant neglected to do so and found the E-motor bicycle of the victim D(the age of 43) driving driven in accordance with the straight line on the opposite lane, but left left as it is, and received the front part of the said motorcycle as the right part of the said cargo vehicle.

As a result, the Defendant suffered from a multi-sexual trauma disorder, which requires treatment for about 8 weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing CCTV images CD reproduction;

1. The police statement concerning F;

1. The report on traffic accident 1, 2 (actual survey report), and each photograph;

1. Medical certificates and respective opinions;

1. Application of Acts and subordinate statutes to each investigation report (No. 11, 14, 17 No. 17)

1. As to the occurrence of the instant accident, Article 3(1) of the relevant criminal facts, Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Imprisonment without Labor, the victim’s care, who has been operating Ortobane, has partially contributed to the occurrence of the instant accident. The Defendant

However, the accident of this case is that the cargo vehicle carries a non-protective seat.

The degree of accident is heavy as it is, and the victim caused severe brain damage to the extent that it does not normally have the recognition ability during one-year period, and due to brain damage up to now.

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