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(영문) 서울서부지방법원 2017.11.30 2017고단2555
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 vehicle B-fest.

On August 17, 2017, the Defendant driving the above vehicle on around 06:42, and driving the three-lane road in the Eunpyeong-gu Seoul Metropolitan Government on the new airside, along one-lane from the airside to the airside of the increased mountain area.

In such a case, there was a duty of care to prevent accidents in advance by driving a vehicle without the center line to those engaged in driving business.

Nevertheless, the Defendant neglected this and caused the collision with the front part of the sports cargo vehicle of the Defendant, which is driven by the victim D(50) driving along the opposite road due to the negligence of driving beyond the yellow solid line.

As a result, the Defendant suffered injury to the victim at least 6 weeks of medical treatment due to the above occupational negligence, 7, 8, the left-hand side of the victim, and 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and accident scene;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the recommended punishment according to the sentencing guidelines] O general traffic accident category 1 (the injury caused by traffic accidents) in the aggravated area (8 to 2 years): the case where the illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the Union is serious (the sentencing decision] in the case where the defendant committed the instant accident due to the negligence of breaking the central line while driving a stroke, the victim's injury which is confirmed as the content of the damage and diagnosis of the vehicle confirmed as the scene of the accident, and the fact that the defendant did not reach an agreement with the victim is disadvantageous.

However, the defendant is not a party.

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