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(영문) 서울중앙지방법원 2018.04.11 2017고단8718
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B G80.

around 18:40 on October 31, 2017, the Defendant, at the 101-dong 101-dong Dorop apartment located on the road in Gangnam-gu Seoul, Gangnam-gu, Seoul, was driving at the speed of three-lanes in the width of the Do, 1-dong community service center, at the intersection of the two telephone stations, with the shooting distance of the Do.

At the same time, there was a crosswalk where signal lights are installed, so in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by reducing the speed and safely driving the motor vehicle in accordance with the new code while living well on the right and the right.

Nevertheless, when the defendant neglected this and proceeded with the vehicle driving signal as it is, due to negligence, disregarding that the vehicle driving signal has been changed to the stop signal, he did not find the victim C (at the age of 28) who dried the above crosswalk on the right side from the left side, and did not find the victim C (at the age of 28) and received the victim's right side from the front side of the vehicle of the defendant, and suffered approximately 8 weeks of the victim's right side with the front side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of each traffic accident;

1. Results of checking black images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (the person who is specially mitigated or aggravated) (including efforts to recover damage) / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act is serious, or in cases of bad driving (the decision of the sentenced sentence] in violation of the signal.

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