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(영문) 서울중앙지방법원 2017.05.17 2017고단909
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

around 14:05 on October 18, 2016, the Defendant proceeded along the road of three lanes in front of Gangnam-gu Seoul Metropolitan Government D, along the two-lane distance from the new place of active duty service.

At that time, there is a center line of yellow solid lines, so a person engaged in the driving of a motor vehicle has a duty of care to thoroughly see the front line and to not exceed the center line.

Nevertheless, the Defendant neglected this and caused the collision to the right side of the Defendant’s vehicle of the victim E(37) driving of the F-wheeled Vehicle, which was located on the two-lanes in the middle of the next remote distance between the two-lane and the two-lanes in the middle of the next remote distance.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the external depression of 10 weeks of pelpellets and the right pelle of pellets, which require approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommended punishment] the case where illegality in the area of aggravation (8 months to 2 years) (excluding subparagraph 8) in the proviso of Article 3 (2) of the Special Cases of the Teaching Service and attend lectures is serious, or the case of bad driving is serious, among the cases of the proviso of Article 3 (2) of the Special Cases of the Teaching Service and attend lectures;

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