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(영문) 서울남부지방법원 2018.04.19 2018고단208
교통사고처리특례법위반(치상)
Text

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

However, the execution of a sentence shall be suspended for a period of two years 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 motor vehicle by borrowing B.

On December 16, 2017, the Defendant driven the above car at around 09:00, while driving the car at a speed of 09:00, one lane in front of Gangseo-gu Seoul Metropolitan Government C, leading to the flooding area of the Suwon High School at the corner of the Maero, along the three lanes in front of Gangseo-gu Seoul.

Since there is a place where the center line of yellow solid lines and a sidewalk for pedestrians are installed, the driver has a duty of care to safely drive the steering person by accurately manipulating the steering direction and operation of the steering system in the right side of the road, the front side and the left side of the road, and the steering person has a duty of care to refrain from operating by the sidewalk.

Nevertheless, the Defendant neglected this, while driving a stroke, obstructed the median line while driving a stroke, and obstructed the opposite lane from the sidewalk to the sidewalk, and caused the victim E (the 46-year-old driver) who was going straight ahead of the opposite lane to the left by the victim D (the 46-year-old driver) (the 13-year-old driver) who was going to the front part of the Defendant’s vehicle and continued to enter the sidewalk to the sidewalk, and got the victim E (the 13-year-old driver) who was going to the front part of the Defendant’s vehicle, to go beyond the floor of the victim E.

As a result, the Defendant suffered injury to the victim D, such as the right shoulder, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and the victim E suffered injury, such as the closed frame at the bottom of the slope, accompanied by approximately twelve weeks of non-alleys which require medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report, a report on the occurrence of a traffic accident, a written statement on the occurrence of a traffic accident and an accident explanatory note;

1. A certificate for measuring drinking alcohol;

1. Photographs of the vehicle involved in the accident, on-site photographs, and investigation reports (blue stuffs images);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts.

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