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(영문) 수원지방법원 안양지원 2017.06.23 2017고단582

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 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 a second cargo vehicle in B.

On February 17, 2017, the Defendant, while flying the flying distance of the scambling-gu scambling-gu around Anyang-si around 17:10, led to the flying distance from the right side to the scam high school.

The driver of any motor vehicle has a duty of care to safely proceed according to the name of the motor vehicle in a place where a signal, etc. is installed and operated normally.

Nevertheless, the Defendant neglected this and continued to receive the part of the victim C (16) driving without registration, CA100 two-wheeled vehicle under normal signals from the right side of the water vehicle of the above 2-line 2 in the direction of the water vehicle of the above 16-line 2 in the left side, and received the part on the left side of the 2nd vehicle of the above 2nd vehicle of the 2nd vehicle, and received the part on the left side of the 2nd vehicle of the 2nd vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as fingers, saves, saves, and saves, which require approximately 8 weeks of treatment, due to the foregoing occupational negligence, and at the same time suffered injury to the victim F, who was on board the said car transport saves (the age of 17) for approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F, and C;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing of Article 62-2 of the Act on the Order to Provide community service and attend lecture - Unfavorable circumstances: the negligence of violating signal, and the occurrence of two victims, among which the victims C suffered serious injury requiring eight weeks medical treatment. - The favorable circumstances are that the Defendant recognized the crime and the mistake is divided, and the victim C agrees with each other.