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(영문) 서울북부지방법원 2017.08.31 2017고단1248
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 driving a cuss car in C.

On February 15, 2017, around 18:30 on February 15, 2017, the Defendant proceeded in the 36 Dongyang apartment 201, the front underground parking lot of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to turn to the left in the direction of the entrance of apartment.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to ensure that he/she should report the traffic situation well and safely prevent accidents in advance.

Nevertheless, the defendant neglected to do so and did not discover the victim D (Woo 71) who walked on the left side of the direction of the defendant's proceeding from his negligence by neglecting his duty of care on the front side, and did not leave the victim's land by shocking the part before the left side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as “a part of the satisfaction 1, an open space and a part of the satisfaction 2-4,” which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service has no criminal history, except for the grounds for sentencing under Article 62-2 of the Criminal Act in 1993, and the fact that the liability insurance was subscribed only and no agreement was reached;

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