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(영문) 서울서부지방법원 2017.02.02 2016고단834
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 two cargo vehicles of E.

On November 1, 2015, the Defendant driven the above cargo vehicle around 15:40 on November 15, 2015, and proceeded to the left at the speed of a sand church in the front of the Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

At this point, there was no signal, and road repair work cross-road, so there was a duty of care to look at the front side and the left and right of the person engaged in the duties of driving a motor vehicle well, and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected this and proceeded to the left immediately without examining the left and right properly, and did not discover the victim G who crosses the road from the left side of the cargo vehicle of the defendant at the time-marine to the right side, thereby having the victim go to the front part of the cargo vehicle of the defendant and let the victim use it on the road.

Ultimately, the Defendant suffered from an incurable disease, such as a chronological cerebral cerebrovasa, which caused recognition function disorder to the victim due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A criminal investigation report (Attachment of a statement of opinion);

1. Each medical certificate, medical record, and copy of each medical record;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The degree of injury inflicted on a victim of the assertion does not constitute an injury under the Act on Special Cases concerning the Settlement of Traffic Accidents;

2. The following circumstances acknowledged by the evidence adopted and examined by the court, i.e., the victim’s awareness of the instant traffic accident.

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