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(영문) 서울서부지방법원 2017.02.02 2016고단3757
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of B (C’s “C” in the indictment) in the Class II cargo vehicles.

On November 5, 2016, the Defendant driving the above vehicle at around 11:40 on November 5, 2016, and driving the four-lane road above the Do-Do Do-Do Do-dong in the front of Yeongdeungpo-gu Seoul Metropolitan Government D with the two-lanes of the combined historical distance from the parallel historical distance protection to the two-lanes of the road at an irregular speed.

Since the location is the front prohibition area, there was a duty of care to prevent accidents in advance by driving the vehicle with a duty of care by safely driving the vehicle in a way that the person engaged in driving the vehicle does not know the front, while driving the vehicle well.

Nevertheless, the Defendant neglected to overtake the vehicle on the left side in order to overtake the vehicle on the left as it is, and by negligence, took the left side of the victim E (37) driving in front of the same direction into the right side of the vehicle.

Ultimately, the Defendant caused the injury to the victim, such as the left-hand framework, which requires approximately seven weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a report on investigation (the submission of a victim's diagnosis report and written estimate);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area of Class 1 (Bodily Injury by Traffic Accidents) [1-8 months] [including specially mitigated persons] a traffic accident where a person is injured by Defendant's negligence (including efforts to recover from damage], and the occurrence of a traffic accident where a person is injured by Defendant's negligence. The victim's injury is disadvantageous circumstances, but the defendant is dissipated with his mistake, and there is no criminal history, and the victim is the victim.

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