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(영문) 서울북부지방법원 2019.01.24 2018고단4359
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for 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 driving a motor vehicle in B SP area.

On September 2, 2018, the Defendant driven the above vehicle around 14:10 on September 2, 2018, and driven the front road of the shooting distance of the D Hospital in Seoul Special Metropolitan City, Nowon-gu, from the side of the F High School in Seoul Special Metropolitan City to the intersection of the river subway station in the speed of the speed of the city between the two-lanes.

Since there is a center line of yellow solid lines, there was a duty of care to make an internship at the permissible point of internship and not to dump the central line.

Nevertheless, it is difficult to neglect this, and instead, the 3-lanes between the four-lanes in opposite directions are proceeding in normal signals.

HBN302, which is driven by the victim G(the age of 47) who found the defendant's car and tried to avoid it, was shocked by the front part of the car in the Switzerland.

As a result, the defendant suffered bodily injury, such as the removal of body body in the left-hand body in need of approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

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

1. A medical certificate;

1. Field photographs, etc.;

1. Application of the law to traffic accident video CDs [the defendant is also asserting the victim's violation of the signal, but according to the result of the above CD verification, it is evident that the victim was normally operated according to the progress signal];

1. Article 3 (1) and Article 3 (2) (proviso) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury resulting from Traffic Accidents) (No person in special form] [Pronouncement Decision] (Decision of Sentence], and the victim’s wife is also a daily life due to the victim’s injury.

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