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(영문) 수원지방법원 여주지원 2017.05.10 2017고단109

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 who is engaged in driving a motor vehicle with sod motor vehicle B.

On December 8, 2016, the Defendant proceeded with a road of 1-lane in Black T, which is located in Gyeonggi-si, in the middle-distance.

Since this is a hub road in which a central line is installed, there was a duty of care to ensure that a person engaged in driving service is responsible for driving service thoroughly and properly manipulates the operation and steering gear to the right side of the central line.

Nevertheless, the Defendant neglected this and caused the injury of the victim D(35) who was under way at the center of the central line in order to overtake the cargo vehicle in front of the vehicle in front of the former direction, which was driven by the victim D(35 ) who was under way at the top of the vehicle in front of the latter direction, by taking the front part of the vehicle in front of the said vehicle in front of the latter direction, and taking approximately two-day medical treatment to the above D, such as strings of a string wall in need of approximately two-day medical treatment; the injury of the victim F(65 years of age) who was on the said vehicle in front of the former direction; the victim F(66 years of age) who was under way in need of two-day medical treatment; the injury of the victim in need of approximately six-day medical treatment to the same passenger G(66 years of age) of the same vehicle in front of the latter, and the injury to the left-hand part of the same passenger in need of two-day medical treatment, including the injury of the executive in front.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months), the mitigation area (including specially mitigated persons), the punishment of non-members (including efforts to recover damage) [the sentence] of imprisonment without prison labor for six months.