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(영문) 서울북부지방법원 2018.09.06 2018고단2615
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

On February 25, 2018, the Defendant driven the above car at around 12:50, and, at the same time, the Seoul Dongdaemun-gu Seoul Metropolitan Government driven the four-lane road at the 274-lane, along the two-lanes from the long-distance side of the west-gu.

Since there is a place where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to properly operate the steering gear and brake system for the driver of the motor vehicle and to protect the steering gear and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this to drive the steering gear excessively to the left, thereby overcoming the center line and driving it at one lane due to negligence, received the part of the victim D(26 tax) in front of the motor vehicle driving in front of the motor vehicle driven by the Defendant.

Ultimately, the Defendant by such occupational negligence inflicted injury on the Victim D (26) and the Victim F (29 years old), who is a passenger boarding passenger, with approximately two weeks of medical treatment respectively, on the part of the Defendant. The Defendant suffered injury, such as satisf, tensions, etc., which require approximately six weeks of medical treatment. The Defendant suffered injury to the Victim G (56 years old) who is a passenger boarding passenger with the highest bid for about six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. The reason for sentencing of an alternative imprisonment without prison labor [the scope of recommending punishment] General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Reduction or Exemption) (Special Reduction or Exemption) / Where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of Schoolology is serious [the decision of sentencing].

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