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(영문) 서울중앙지방법원 2018.01.30 2017고단4832
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 who is engaged in the duty of driving a car for business use C.

On June 7, 2017, the defendant around 01:37, at the pressure zone of Gangnam-gu Seoul Metropolitan Government, the road of 7 lanes in latitude 302, along the intersection of the intersection of the high-water zone between the two parallels, was made to turn to the left at an unfurd speed depending on the eurgical speed.

At that time, the signal was installed at the intersection, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the traffic signals such as signal, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left even though the vehicle signal was a yellow signal, and brought the front wheel part of the victim D(27 tax) driving E, which was driven by the vehicle driving signals from the opposite side of the vehicle, with the front pent part of the Defendant’s vehicle.

As a result, the Defendant suffered from the above victim’s occupational negligence, such as “dulgization of flags on the left side,” which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., the fact that the injured party was not punished by the defendant because the injured party agreed with the injured party smoothly, and that it appears to be against the law).

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