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(영문) 서울중앙지방법원 2017.06.13 2017고단2019
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 who is engaged in one ton truck driving duty in C’s class III.

On October 29, 2016, the Defendant, around 22:20 on October 29, 2016, had a road access point in front of the “E gas station” located in Seocho-gu Seoul Metropolitan Government D along the direction of the road in the gas station.

At night, the view is narrow at night, and a crosswalk is installed connected to the sidewalk, so in such cases, the defendant, who is engaged in driving a motor vehicle, has a duty of care to check whether there is a pedestrian by properly operating the steering gear and the brake system and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to discover the victim F(34) who walked along the crosswalk from the right side of the Defendant’s vehicle to the left side of the crosswalk, and used it on the road floor by shocking the damaged person into the front part of the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately 10 weeks of her occupational negligence from the victim’s blood transfusions, her mouths, etc., which require approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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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