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(영문) 수원지방법원 평택지원 2017.07.13 2017고단623

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence 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 driver of a passenger car with low bid B.

On January 19, 2017, the Defendant driven the above car at around 17:40, and led to the progress of the road in front of Pyeongtaek-si C in front of the Osan-si at the safe air level from the Osan-si.

In this case, the driver of a motor vehicle had a duty of care to safely proceed without harming the central line by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and got a full part of the car driving by the Defendant, which was driven by the victim D (the age of 24) driving due to the negligent negligence going beyond the central line.

In conclusion, the Defendant suffered, by negligence in the above business, the injury of the above victim, such as complete marbing, a string of the left-hand strings, which requires approximately eight weeks of medical treatment, and the injury of the victim F (48 years of age) who is the passenger of the Defendant’s car, due to the face, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a survey report on actual condition, report on the occurrence of a traffic accident, field photograph, and 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 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. The risk of an act is very high as a crime that causes collisions in a case where the offense is committed with the central line of reasons for sentencing under Article 62(1) of the Criminal Act.

Accordingly, the injured person suffered serious injury.

Punishment shall be determined by a sentence in consideration of the circumstances, such as the absence of criminal records of the same kind, the agreement with D as the main victim, and the penance.