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(영문) 서울서부지방법원 2019.07.02 2019고단1544
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 vehicle B or B in a low-speed passenger car.

On April 10, 2019, the Defendant driven the above vehicle on April 23:17, 2019, and proceeded at a speed where it is impossible to identify the speed of two lanes in the direction of the string of Eunpyeong-gu Seoul Metropolitan Government C, and the road of the fourth line in front of the Seoul Metropolitan City C.

At the time, the signal was installed, so there was a duty of care to reduce the speed to those engaged in driving, to live well before the road, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and received the left-hand part of the Franc bus front right-hand part of the Franc bus driven by the victim E (the 54 years old) (the 54 years old) who is driving in the first line, which is the center bus lane, in violation of the signal and carried the left-hand turn in violation of the signal.

As a result, the Defendant suffered injury to the victim E, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment due to such occupational negligence, and suffered injury to each of the aforementioned bus drivers and eight passengers, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition survey report;

1. A report on investigation (verification of a medical certificate);

1. Application of the Acts and subordinate statutes governing photographs of the skin vehicle and damaged vehicle photographs;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The recommended range of punishment according to the sentencing guidelines [the determination of types] shall be the area of recommendation that there is no injury (the person who is a special person) resulting from a traffic accident in general traffic accident [the category 1] and the area of recommendation.

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