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(영문) 서울동부지방법원 2017.10.30 2017고단2072
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CMW car.

On May 20, 2017, the Defendant driven the above car on May 18:52, 2017, and led to the intersection of the private car in 121, Songpa-gu Seoul, to the middle school from the direction of the above-mentioned elementary school.

At the time, signal, etc. was installed at the intersection where the defendant's moving direction was located, and at the same time, the victim D (n, 25 years old) was driven.

E SP car is proceeding to turn to the left in the direction of the long distance from the middle school at the center of the above-mentioned level, so there was a duty of care to reduce the speed according to traffic signals and to prevent accidents in advance by driving the vehicle in good manner.

Nevertheless, the Defendant neglected this and neglected to change the signal such as the signal to the intersection to the left-hand turn from the straight line, but the Defendant was at a higher speed and was at the front part of the passenger car of the victim due to the negligence of entering the intersection and having got the front part of the passenger car.

As a result, the Defendant suffered injury to the victim, such as the victim’s 10 weeks of occupational negligence, on the right upper part of the 10 week of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Each medical certificate, statement of opinion, and letter of intent;

1. An analysis letter of the Road Traffic Authority;

1. A map at the scene of an accident;

1. Application of the Acts and subordinate statutes to photograph the scene of the accident, photograph of the relevant vehicle, photograph of the vehicle boomer image, and photograph of the vehicle boom;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that the nature of the offense is not good in light of the circumstances of the accident, and the degree of injury of the victim, etc. are more serious.

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