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(영문) 서울중앙지방법원 2017.04.25 2017고단1090
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 driving the B car.

On February 6, 2017, the Defendant driven the above car at around 09:59, and driven the road of one lane in front of Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, with approximately 20 km a speed of 3 km a speed of 3 from the Changnam-do, Changnam-do, to the parallel of 20 km a speed of 3 km a speed.

At that time, there was a center line of yellow solid lines, and there was a road that combines to the right side of the direction, so in such a case, there was a duty of care to prevent accidents in advance by operating the steering gear and the steering gear accurately.

Nevertheless, the Defendant neglected this and did not stop operating the brake system even if he found an irregular vehicle coming from the right side of the moving direction, and did not check the traffic situation of the opposite lane, and did not identify the traffic condition of the opposite lane and proceeded over the two-wheeled vehicle of the victim D(22 ) driving along the opposite lane, which was going along the opposite lane, but did not avoid it, and did not stop, and did so, the above victim exceeded the front wheels of the victim's vehicle by shocking the front top part of the left side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury, such as the closure of a plant that requires approximately 10 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on traffic accidents and a survey report on actual condition;

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 According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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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