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(영문) 전주지방법원 남원지원 2018.02.20 2017고단256

교통사고처리특례법위반(치상)

Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed 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 C-A-hurd motor vehicle.

On October 15, 2017, the Defendant driven the above car at around 13:15 on October 15, 2017, and led the road of one lane in front of the Net Chang-gun to the direction of the fence in the boundary of the public playground.

It is a bend road where the center line of yellow-ray is installed, so the driver of the vehicle has a duty of care to thoroughly operate the front line with the driver of the vehicle, to accurately operate the steering system, to accurately operate the steering system, to prevent the center line from harming the center line, and to safely operate the vehicle with the duty of care.

Nevertheless, the Defendant neglected to do so and was negligent in driving the center line in the direction opposite to the Defendant’s moving direction, and received the front part of the F Poter Cargo in front of the said car, which was driven by the victim E (S 49).

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim, such as salt, tensions, etc., in light of the 2-day medical treatment on the part of the above victim G (59 years old) who is the passenger of the above cargo vehicle, and inflicted injury on the victim H (5 years old), who is the passenger of the above vehicle driving by the Defendant, about 2-day medical treatment, such as chills, tensions, and tensions, which require approximately 13-day medical treatment on the part of the passenger H (5 years old), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, photographs, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning facts constituting an offense;

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 [the scope of recommending punishment] No person who does not have the basic area (four months to one year) (the person subject to special sentencing) (the decision of sentencing] (the decision of sentencing), the following circumstances, and the age of the defendant.