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(영문) 수원지방법원 2017.10.18 2017고단5494

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

On June 26, 2017, the Defendant driven the above car at around 16:50 on June 26, 2017, and led the Defendant to proceed with the road without the front line in the management office located in the upper village apartment complex of the upper village located in the 15-ro, Suwon-si.

Since a road is installed as a road in the complex, and there is a place where pedestrians are expected, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system of the motor vehicle and operating the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and proceeded with the victim D(73) who was a building on a road depending on the speed limit of math (73) by negligence while driving the road as is.

As a result, the Defendant suffered injury, such as cutting down the upper half alleys, which require approximately 16 weeks of treatment, from the occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, and diagnostic certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act - the circumstances unfavorable to the reason for the sentencing (a favorable to the reason for sentencing) - the injury inflicted upon the victim of the instant case is extremely heavy. - All favorable circumstances are recognized that the victim did not reach an agreement with the victim. - The Defendant is an elderly person. - Considering that the Defendant has no record of having received any punishment so far since 191, the Defendant is an elderly person. The sentencing is ordered as indicated in the Disposition, taking into account all the circumstances of the sentencing revealed in the process of the trial.