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(영문) 서울서부지방법원 2017.08.24 2017고단1339
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 engaging in driving a rocketing taxi.

On March 29, 2017, the Defendant driven the above vehicle on March 29, 2017, and driven the road of the three-lanes in front of the 64-6 Scar intersection in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the 64-6 Scar intersection, from the scarb of the scarb, to the east-do intersection of the same intersection, the Defendant proceeded at a speed of about 20km per hour.

At the time, the center line of the yellow-ray was installed at night and at that time, so there was a duty of care to safely drive the brake and steering gear by operating the vehicle with due care not to intrude the central line in order to prevent any person engaged in driving.

Nevertheless, the Defendant neglected this and got the front part of the ESS100 U.S. vehicle driven by the victim D (32 tax) who was driving in the opposite opposite opposite lane due to the negligence of breaking the median line and driving in the opposite opposite lane.

Ultimately, the Defendant suffered approximately six weeks of treatment due to the above occupational negligence from the victim’s abundance of the closed gurative body in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

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 According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation according to the sentencing guidelines] the basic area (from April to one year) of the type 1 of the O general traffic accident (the victim is also negligent in causing traffic accidents or expanding damage) / Where illegality is serious in the proviso of Article 3(2) of the Act (excluding subparagraph 8) of the Act on Special Cases concerning the Regulation of Traffic Accidents (the decision of sentence] / Where the defendant caused the accident of this case by negligence over the central line, and the victim suffers relatively serious injury.

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