(영문) 서울서부지방법원 2018.02.01 2017고단3209

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(영문) 서울서부지방법원 2018.02.01 2017고단3209

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

피고인은 C 포터∥ 화물차량을 운전하는 업무에 종사하는 사람이다.

On July 28, 2017, at around 09:33, the Defendant proceeded at an irregular speed, depending on one lane in the direction of customs remote distance from the area of the academic dong located in the 89-24-dong, Gangnam-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with traffic signals, complying with the speed and speed of the vehicle, accurately operating steering devices and brakes, and driving the motor vehicle.

Nevertheless, due to the negligence of the left turn at the straight line, the Defendant neglected this, and caused the victim D (41) driving along the two-lanes of the opposite side of the two-lanes of the two-lanes of the two-lanes in accordance with the straight line, the ECA 110 of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the opposite side to avoid the vehicle of the defendant who is at the left turn, and the injured party was her centered on the road and her centered.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim’s treatment days of artificial cardiopulmonary resuscitation, the state after which the victim was suffering from pulmonary brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Investigation report (investigation related to shots);

1. Medical certificates, opinions, and photographs of victims;

1. Application of Acts and subordinate statutes to a report on investigation (report of obscure state as of the victim);

1. In a case where an injury occurs among the special aggravated areas (8 to 3 years) (i.e., (i., (ii) the special aggravated areas (i.e., (iii) the injury) of the type of traffic accident, (iv) the illegality of Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, (v) Article 3(1) and proviso (2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, (v) Article 268 of the Criminal Act, (v) Article 1 of the Criminal Act, (v) Article 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and (v) Article 3(1) of the Act on Special Cases Concerning the Settlement of

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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