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(영문) 서울남부지방법원 2015.03.20 2014고단5093
교통사고처리특례법위반등
Text

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

However, the execution of the above punishment shall be suspended for 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 a C Poter cargo vehicle.

On April 22, 2014, the Defendant driven the above cargo vehicle around 20:30, and led the front way of the community credit cooperatives located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu to the private distance of the Gu telephone station from the new Heung Elementary School toward the direction of the Gu telephone station.

Since there was a long distance crossing, a person engaged in driving service has a duty of care to check whether there was a vehicle, etc. to proceed well by checking the right and the right and the right and to safely attach it to the right and to the right and to the right.

Nevertheless, when the Defendant neglected to make a bypass, he was driven by the victim D(29 years of age) who proceeds from a long distance from the long distance of bank trees to the long distance of the city telephone station on the right side of the cargo vehicle when he neglected to do so, and was driven by the victim D(29 years of age).

The Defendant, by such occupational negligence, caused the victim to suffer bodily injury, such as a dubation of the right-to-side frame, which requires treatment for about four months, and at the same time damaged the above duba to repair cost equivalent to KRW 20,255,590.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act does not lead to the instant crime due to the act falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the fact that the victim’s physical and property damage can be compensated to a certain extent by the liability insurance in which the defendant has joined, and the age, character and conduct of

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