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(영문) 서울중앙지방법원 2018.02.06 2017고단8245
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the operation of the CMW 320d car.

On October 19, 2017, the Defendant driven the above car at around 12:00, while proceeding the front road of Gangnam-gu Seoul with the front road at the hill bank of the city in Gangnam-gu into the lower bank of the city in Gangnam-gu, and became a U.S., the Defendant got a U.S...

Since there is a road where the central line of yellow domin lines and the point where the internship is permitted are divided, a person engaged in driving motor vehicles has a duty of care to prevent accidents, such as thoroughly e.g., a person engaged in driving motor vehicles, and a U.S. at the point where the internship is permitted, and a U.S. should not e.g., the central line is invaded at a place other than the point where the internship is permitted.

Nevertheless, the Defendant neglected this and got the victim E (46 tax) who was proceeding with the 4-lane opposite opposite to the Madern, following the 4-lane opposite to the Madern, over the road, due to the negligence that the Defendant invadedd the median line at the center of approximately 30 meters prior to the point where the U.S. is permitted for the U.S., which is not a point where the U.S. is permitted for the internship, and got the victim E (46 tax) to make a sudden operation to avoid this.

As a result, the Defendant suffered injury to the victim during the foregoing occupational negligence in light of the 10 week period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the first offender, the fact that the injured party was not punished by the Defendant by agreement with the injured party, and the fact that the injured party seems to be contradictory to the fact that the injured party appears to be against the Defendant, etc.).

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