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(영문) 청주지방법원 2017.05.18 2016고단1762

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 B-II cargo vehicle.

On July 15, 2016, the Defendant driven the above cargo vehicle at around 07:40, while driving the vehicle, the Defendant proceeded with the three-lane wide distance of the two-lanes in the Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do along the voice direction from the nearest direction.

At this point, there was a duty to safely drive a motor vehicle by driving the motor vehicle to a person engaged in driving the motor vehicle in good faith.

Nevertheless, the Defendant neglected this and received the bicycle driving right part of the victim D (55) driving directly under the new name due to negligence in the red name of the Defendant. The Defendant received the bicycle driving right part of the victim D (55) in front of the left side of the cargo vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as pressure duplicating 3 times in need of approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to a written diagnosis of damage;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Persons who are subject to special mitigation in the mitigated area (from to August) of the types of traffic accidents in general within the scope of punishment recommended according to the sentencing criteria: No person shall be subject to punishment (including serious efforts to recover damage);

2. Elements of sentencing that are disadvantageous to a sentence: The degree of injury of the victim;

As such, the factors of sentencing that are favorable too are not punishable. In other words, the error is recognized and reflects. There is no criminal conviction or more than fines. o other factors of sentencing in Article 51 of the Criminal Act, comprehensively setting the sentence as ordered.