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(영문) 서울중앙지방법원 2018.02.06 2017고단8406
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 engaging in driving a C-si.

On October 3, 2017, the Defendant driven the above taxi on October 15:05, and led the front intersection of Seocho-gu Seoul Metropolitan Government D to the large-scale shopping mall located in the boundary of the locked, along the one-lane between the two-lanes.

The location had a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as checking whether there is a person who drives the motor vehicle by reducing the speed of the motor vehicle on the intersection, and by checking the surrounding area of the motor vehicle.

Nevertheless, while the defendant neglected to make a left-hand turn at the above intersection, he was found late from the left-hand side of the above taxi driving direction to the right-hand side of the victim E (the victim E) but did not avoid the situation, and had the victim go beyond the ground after receiving the victim from the front-hand part of the above taxi.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the upper end of the bar, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

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 selection of imprisonment without prison labor, concerning criminal facts;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the full agreement with the victim and the contrary, etc.).

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