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(영문) 서울남부지방법원 2017.12.21 2017고단5585
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 car A6 car.

On September 24, 2017, around 21:15, the Defendant, as the Seoul National Assembly of Yeongdeungpo-gu, opened the intersection in front of Yeongdeungpo-gu Office at the seat of the Yeongdeungpo-gu police station in Yeongdeungpo-gu, Seoul, along the two-lanes between the two-lanes of latitude and the two-lanes between the two-lanes.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to prevent accidents in advance by safely driving the signal in accordance with the signals instructed by the signal apparatus.

Nevertheless, the defendant neglected this and did not stop the red signal, and was negligent in violating the signal signal, and was directly carried out from the right-hand side of the defendant's proceeding to the left-hand side in accordance with the new code, and received the left-hand part of the CA1105 Otoba from the victim C ( South, 25 years old) driving to the left-hand part of the defendant's car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the period of stability and medical treatment for about six weeks and rehabilitation between three months.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no person who has no basic area (four months to one year) [the person who is subject to special sentencing] [the decision of sentence] [the defendant who has committed the instant accident in violation of the signal] [the decision of sentence] there are extenuating circumstances, such as the fact that the defendant committed the instant accident while driving in violation of the signal, and the victim's injury is heavy, but there are significant circumstances, such as the victim's injury, confession and reflects, and there are also favorable circumstances, such as the fact that the defendant is covered by a comprehensive insurance

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