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(영문) 서울남부지방법원 2017.12.21 2017고단4549
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 low-priced car.

On September 9, 2017, the Defendant driven the above car at around 04:07, and came to turn to the left at an irregular speed due to the cadastral construction works on the opposite side of the airside in Yeongdeungpo-gu Seoul Metropolitan City along the four-lanes in front of Yeongdeungpo-gu Seoul Metropolitan City C.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and instead received the victim D (Seoul, 25 years old) E-mail from the victim D (the 25-year-old) who was straight from the two-lanes due to the negligence of the left-hand turn in violation of the signal while the ongoing signal was sent to both directions.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim’s 3,4, and sacriffy to the left-hand side, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by conducting a fact-finding survey, diagnostic report, each internal investigation report, and leakage of CCTV images;

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, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The primary offender, the fact that damage caused by the comprehensive motor vehicle insurance seems to be compensated, and the agreement is made with the victim; and

(k) Unfavorable circumstances: Violation of signal and the degree of injury to the victim was serious;

A. Other circumstances, such as the background of the accident, degree of damage, and circumstances after the crime.

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