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(영문) 서울서부지방법원 2017.12.21 2017고단3018
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 e-mail vehicle.

On September 14, 2017, the Defendant driven the above cargo vehicle at around 05:05 on September 14, 2017, and continued to proceed to the front line of Mapo-gu Seoul Metropolitan Government D with Saladon Sari-do.

At the time, there is a duty of care to prevent accidents in advance by thoroughly operating the driver of the motor vehicle and accurately manipulating the steering direction and brake system of the motor vehicle, since it is night and is adjacent to the private street intersection with no signal signal at that time.

Nevertheless, the defendant neglected to make a left-hand turn without neglecting it, and the victim E (the age of 67) who hanged from the right-hand side of the defendant's proceeding direction to the left-hand side of the vehicle was shocked by the front left-hand side of the defendant's vehicle, and led the victim's right-hand side with the front-hand wheels.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim due to the injury of the victim, such as the part of the right string and the part of the string to the right string of the victim.

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. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate) and a report on investigation (verification as to whether serious injury exists);

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. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act is that the defendant, who has driven a cargo vehicle, sustained serious injury by shocking the injured party due to negligence committed by neglecting his/her duty of care in the front direction, etc., and the degree of negligence is heavy, and the defendant's liability for the crime is grave, and the injury of the injured party is also serious, and the cargo vehicle of the defendant is subscribed to mutual aid, and the criminal punishment is past, except for the case where the defendant was sentenced to a fine once due to this type of crime.

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