(영문) 서울서부지방법원 2018.04.05 2017고단3647

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(영문) 서울서부지방법원 2018.04.05 2017고단3647

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 C.

On November 08, 2017, when the Defendant drives the above Obabaon as his duties and proceed to the left at the speed of about 30 kilometers at the speed of 50 kilometers per hour from the 2nd intersection of Seodaemun-gu Seoul, Seo-gu, Seoul to the 18:05 Scabababa, the Defendant violated the signal and applied to the left at the speed of 99 Sababababa, and the left at the speed of about 30 kilometers per hour from the 2ndobaba. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in front and safely in accordance with the signals and driving the motor vehicle in front, despite the fact that there was a duty of care to prevent accidents by driving the motor vehicle in front and driving the motor vehicle in front, the Defendant suffered from treatment of the victim D (24 Habababababababa) in front of the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Written statements of D;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is the traffic accident of this case where the victim suffered an injury from the total of 10 weeks and the degree of damage is significant, and the defendant did not receive the victim's letter, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant has no criminal history other than being sentenced to one fine in 2015, the fact that the defendant subscribed to liability insurance, and the fact that the defendant seriously reflects the crime of this case is favorable to the defendant.

It also takes into account various sentencing conditions, such as the defendant's age, sex, and environment.

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