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(영문) 서울북부지방법원 2018.04.26 2018고단365
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the CL125.

On January 17, 2018, the Defendant driven an Obaon around 16:15, and driven the front road of Seongbuk-gu Seoul Metropolitan Government D in the direction of the road at the entrance of the Korean University, along the four-lanes from the direction of the road.

Since there is a road where signal lights and crosswalks are installed, the driver of the motor vehicle has a duty of care to ensure that the driver has a duty of care to prevent accidents, such as complying with the signal of the front line, keeping well the right and the right, and the right and the right, and accurately operating the steering and the brakes.

Nevertheless, the defendant neglected this and did not see the stop signal of the front, and had the victim go beyond the road, due to the shock of the left part of the FCA110S Oral Sea driving by the victim E (67 tax) which was driven by the left part of the crosswalk from the right side of the last course to the left part of the road when the defendant is driving.

As a result, the Defendant suffered injury to the victim from an occupational negligence, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of G traffic accidents;

1. A report on traffic accidents and a survey report on actual condition;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Consideration of the following facts: Negligence in progress in violation of the notification of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: (a) the victim’s injury is not easy; (b) the victim has no criminal history other than once a suspended sentence in 1968; and (c) the victim has been negligent in crossinging the victim on the crosswalk; (d) the victim is also a party who has subscribed to liability insurance and is scheduled to recover part of the damage; and (e) the victim’s injury is against each other;

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