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(영문) 서울남부지방법원 2018.08.28 2018고단3285
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

On February 9, 2018, the Defendant driven a low-speed car B around 18:46, and continued to turn to the left at the front distance of “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, to the F apartment room from E apartment.

The driver of a motor vehicle has a duty of care to safely drive the motor vehicle by putting the front door and the right and the right of the motor vehicle properly.

Nevertheless, the defendant neglected the above duty of care and did not see the right and the right and the right and the left-hand left-hand turn on the left-hand side of the front bank so that the victim H (3) who was driving a GFIREBD motor bicycle on the right-hand side of the front bank was trying to avoid a collision with the car driven by the defendant, while going beyond the floor.

As a result, the Defendant suffered injury to the victim, such as cutting off the body part in detail of the chain frame that requires approximately 12 weeks of treatment due to the above occupational negligence, and at the same time damaged the Defendant’s bicycle, which is the victim’s ownership, to cover KRW 9,115,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report;

1. A criminal investigation report (STV verification of the inner Kamera with respect to the blocking of CCTV and spirits);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act (a point of damage to a job and an actual property) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Punishment heavier punishment);

1. Reasons for sentencing of an alternative imprisonment without prison labor [the scope of recommendation] and the reason for sentencing of an alternative imprisonment without prison labor [the scope of recommendation] There is no basic area (four months to one year) (the person causing a traffic accident) (the person causing a special sentencing] [the decision of sentencing] the degree of injury suffered by the victim is significant and property damage. Meanwhile, the degree of injury suffered is not significant and property damage.

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