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(영문) 서울동부지방법원 2018.03.08 2017고단4091
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 17, 2017, the Defendant driven the above car on October 23:12, 2017, and driven the two-lane road in front of Gangdong-gu Seoul Metropolitan Government C along the one-lane, making the two-lane road in front of Gangdong-gu Seoul a speed to the direction of the Guririth Trithal in the direction of the Gurithr.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, the Defendant neglected this and went to turn to the left at the opposite lane while driving down the center line at the right side of the elementary school of the name day.

D Driving's E village bus was immediately discovered and immediately operated, and D was rapidly operated to avoid collision, and the victim F (52 tax) who was in that area was in operation by rapid operation of the above bus was in excess of the floor, and the head was faced with the pole.

Ultimately, the defendant suffered injury, such as brain flasing, which requires approximately six months of medical treatment by negligence in the course of the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on video data recording Ebbbbbblings;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. In full view of the following circumstances and other records of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following conditions of sentencing.

The defendant violated the central line and caused the accident of this case, and the damage of the victim is being covered by the comprehensive motor vehicle insurance, and there is no record of criminal punishment exceeding fines.

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