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(영문) 서울서부지방법원 2017.09.07 2017고단997
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 of a C-III truck.

On March 7, 2017, the Defendant driven the above cargo vehicle around 11:25, and proceeded along three lanes in front of the happiness house located in Seodaemun-gu Seoul Special Metropolitan City as the search of Seodaemun-gu, Seoul, the three-lanes of the two-lanes of the two-lanes of the two-lanes of the three-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to prevent the accident in advance by driving safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and caused the victim D (the age 80) walking along the crosswalk to go beyond the road due to negligence, disregarding that the vehicle driving signal is changed to a stop signal, and due to the negligence of proceeding the same, the Defendant got the victim D (the age 80) walking along the crosswalk as the front part of the said cargo vehicle.

Ultimately, the Defendant suffered injury, such as the closure of the victim’s treatment for about 8 weeks due to the foregoing occupational negligence, and other injuries, such as a pelle.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A medical certificate or additional medical certificate;

1. Application of Acts and subordinate statutes on the report of internal accidents;

1. The grounds for sentencing of imprisonment without prison labor (the scope of recommended punishment according to sentencing guidelines) for the type 1 (the injury of traffic accidents) in the aggravated area (the period between August and 2) of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1)1 and 6 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on Special Cases Concerning the Punishment of Specific Crimes is serious (the decision of sentence] (the decision of sentence is made) under the following circumstances, taking into account the defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc., the sentencing guidelines set out in Article 51 of the Criminal Act exceeds the minimum limit of recommended punishment pursuant to sentencing guidelines

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