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(영문) 서울중앙지방법원 2018.11.21 2018고단5440
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 driving of Poter Cargo Vehicles B.

On July 22, 2018, the Defendant driving the above vehicle around 15:00, and driving the road on the five-lanes of Dobong-ro 475, Seocheon-ro, Seoul Special Metropolitan City along the ten-lanes of Seocheon-ro, Seoul, with the shooting distance range from the enclosed area in Seoul.

Since the location is where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, the Defendant neglected this and proceeded as it is, without neglecting the change of the vehicle driving signal to the stop signal, and received the DNA driving of the victim C(32 tax) driving from the front side of the original elementary school in accordance with the straight line from the left side of the Defendant’s moving direction to the front part of the said cargo vehicle.

As a result, the Defendant suffered injury, such as cutting the body frame, which requires approximately 10 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Investigation report (CCTV analysis);

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

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

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

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