(영문) 서울서부지방법원 2016.08.18 2016고단1646

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(영문) 서울서부지방법원 2016.08.18 2016고단1646

교통사고처리특례법위반

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C2.5 tons of truck trucks.

On December 6, 2015, at around 13:11, the Defendant started from the front side of the Mapo-gu Seoul Metropolitan Building D, along with the signal signal signal signal signal from the front side of the police box, along the two-lanes to the front side of the Defendant’s vehicle at that time, and led the victim E (V, 81 years old) to the front side of the Defendant’s vehicle at that time. As such, the Defendant neglected his duty of care to prevent the accident by taking well into account the front side of the vehicle, and caused the victim’s failure to take care of the accident, thereby leading the victim to the head on the road.

Defendant 2 caused the injury to the victim due to the above occupational negligence by causing the victim to suffer from an injury while he/she is unable to independently move due to an external depression.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a medical certificate, a report on investigation (whether a victim is injured) and a report on investigation (report on the confirmation of the victim status);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [Scope of Recommendation] / [The grounds for sentencing of Article 334(1) of the Act on Criminal Procedure of the Provisional Traffic Accidents / [Scope of Recommendation] / In the case where the victim is at considerable negligence in the occurrence of a traffic accident or the expansion of damage even in the basic area (4 to 1 year) (special mitigation / (1) / In the case where the occurrence of a traffic accident or the occurrence of a serious injury occurs (one type] / (1) the traffic accident of this case, the details of the occurrence of the traffic accident of this case, the degree of negligence between the defendant and the victim, the degree of injury of the victim, the fact that the victim was covered by a comprehensive insurance, the primary

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