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(영문) 의정부지방법원 2017.07.25 2017고단1205

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2017, the Defendant driven a C QM6 car around 17:50, while driving a QM6 car, the Defendant driven the front road D in front of his own government, through Bluing apartment ginginging off, along the two-lanes of the two-lanes of the way, from the apartment ging off to the apartment ging off.

In this case, there was a duty of care to check whether a person engaged in driving service has a way to reduce speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected this and did not discover the victim E (W, 74 years old) who cross the right side of the Defendant’s road at the port from the right side of the direction of the Defendant’s course, and did so by shocking the part of the Defendant’s car driving seat before the Defendant’s car driving.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., the extraction of the outer reproduction, which requires approximately twelve weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The basic area of Article 62(1) of the Act on the Suspension of Execution [the Decision on the Punishment of Traffic Accidents] / [the Decision on the Punishment of Traffic Accidents] / [the Decision on the Punishment of Traffic Accidents] / The Decision on the Punishment of Traffic Accidents / The Decision on the Punishment of Traffic Accidents / The Decision on the Punishment of Traffic Accidents / The Decision on the Punishment of Traffic Accidents / The Decision on the Punishment of Traffic Accidents / The Decision on the Punishment of Traffic Accidents : the degree of negligence of the defendant, the degree of the defendant's injury