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(영문) 서울서부지방법원 2017.07.06 2017고단978
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 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 Obaba in C.

On January 4, 2017, at the front of Eunpyeong-gu Seoul Metropolitan Government D on January 18:30, 2017, the Defendant driven the above Oba, and one bank proceeds from the oba in the direction of the new high distance.

In such a case, there was a duty of care to prevent a person engaged in driving service from harming a report.

Nevertheless, the defendant neglected to drive a sidewalk with the front right part of the victim E (n.e., 79 years old) who was walking while driving the sidewalk.

As a result, the Defendant suffered injury to the victim by his occupational negligence during approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 (Bodily Injury by Traffic Accidents) / [Determination of sentence] The defendant's violation of the duty of care in this case and the degree of injury suffered by the victim, the vehicle operated by the defendant can be seen to have been recovered from liability insurance to a certain extent, and the defendant has no record of punishment for the same kind of crime. The sentence shall be determined as ordered in consideration of the circumstances such as the degree of violation of the duty of care in this case and the degree of injury suffered by the victim.

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