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(영문) 서울중앙지방법원 2018.04.11 2018고단93
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 driving a car in Cart XG.

On November 13, 2017, the Defendant driven the above car at a speed of 40 to 50km from the 3rd to the 5rd to the 4rd parallel of the Seoul Jongno-gu D, Jongno-gu, Seoul. On November 13, 2017, the Defendant driven the two lanes at a speed of 40 to 50km each hour.

The location had a duty of care to drive safely in accordance with the signals while driving in the intersection where signal, etc. is installed.

Nevertheless, the Defendant neglected this and received the part on the right side side of the victim E (FSL125S motor bicycle driving from the right side of the driver’s car, driving the victim E (34 tax) driving from the right side of the driver’s car, driving the bicycle from the right side of the driver’s car by negligence in violation of the signal.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the body body body of the right flag, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Each internal report (related to the perusal ofCCTV images) and photographs of the closure of each CCTV image;

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. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] / [including efforts to recover damage] / Determination of sentence] / Determination of sentence and reflects on the crime not punishable (including efforts to recover damage), the fact that a comprehensive motor vehicle insurance is subscribed to a comprehensive motor vehicle insurance and a criminal agreement is reached with the victim, and other various sentencing conditions, such as the defendant's age, sex, environment, degree of damage, circumstances after the crime, etc. shall be determined as ordered.

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