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(영문) 서울서부지방법원 2019.04.30 2018고단385
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 K3 car.

On September 16, 2017, the Defendant driven the above vehicle at a speed of about 40 kilometers in speed, according to two lanes between the 40-lane and the 40-lane in the breadth of the Seoul Mapo-gu, Masan-ro, Masan-ro, Seoul, and the Mansan-ro, the Mansan-ro, the Mansan-ro, the Mansan-ro, the Mansan-ro,

The location is an intersection where a signal, etc. is installed, so in such cases, the person engaged in driving of a motor vehicle has a duty of care to reduce speed and to check whether there is a vehicle passing through the intersection by checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and got off the part of the victim C(58 years old) driving on the right side of the victim C(58 years old) driving in accordance with the new line from the left side of the mast-down direction by negligence proceeding with the red signal on the front side of the vehicle of the Defendant.

Ultimately, the Defendant sustained injury to the victim E (the aged 21) who was on board the damaged vehicle due to the above occupational negligence, such as 's salt and tensions', which requires approximately two weeks of medical treatment, and injury to the victim F (the aged 22) that requires approximately two weeks of medical treatment, and injury to the victim C in terms of the number of days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. The actual survey report on traffic accidents;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the negligence of the victim overlaps substantially with that of the victim, the absence

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