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(영문) 서울동부지방법원 2018.08.13 2018고단1667
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of a new-beer or a car.

On April 8, 2018, the Defendant driven the above vehicle at around 14:40, and proceeded along the five-lane road in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City, along one-lane in the direction of the Agsan Station distance from the plaza road. In order to enter an accident place, the Defendant proceeded to a place where the U-turn or the left-hand turn can be available, and in violation of the duty of care to make a left- or left-hand turn at the opposite line, the Defendant breached the duty of care to make a left-hand turn or left-hand turn, and caused the damaged person to go beyond the damaged person’s road by shocking the E-Engine system of the victim D (the age of 61) who was normally driven on the opposite line, in the front part of the Defendant’s vehicle.

As a result, the Defendant caused the victim by negligence in the course of business to suffer from injury, such as the pressure of the 2nd century, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of D;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as photographs of accident places;

1. Relevant legal provisions concerning criminal facts, 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 Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

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

1. The reason for sentencing in Article 62-2 of the Criminal Code of the Order to Attend the lecture is that the defendant injured the central line and caused a traffic accident, and that caused an serious injury to others, and the nature of the crime is not good.

However, in consideration of the fact that the defendant is the first offender and is against the fact that the defendant is recognized of mistake, and that the vehicle is covered by a comprehensive insurance, and the damage compensation has been made to the victim through the insurance, the punishment shall be determined like the order.

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