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(영문) 춘천지방법원 2018.04.18 2017고단1246

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment 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 person who is engaged in driving a golf car.

On March 14, 2017, at around 14:00, the Defendant operated the upper cart at the speed of at least 14:00, a road near the 39th Switzerland located in Chuncheon City B at the entrance of the golf course.

At the time, since the road is be bended by a bend and bend, the driver had a duty of care to safely drive by accurately manipulating the bend and the steering gear.

Nevertheless, the Defendant, without fulfilling such duty of care, driven by driving on the right side of the back seat of the back seat of the knife, caused the victim D (58 tax, female) who was knife to fall out of the knife.

In the end, the Defendant suffered on the part of the victim who fell from the surface due to the above occupational negligence, such as 6 to 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, on-site photographs, diagnostic reports, internal investigation reports (to listen to the circumstances leading to the accident of the relevant winner of the card), and investigation reports (victim D and telephone conversations);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion of dismissal of public prosecution under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures

1. The prosecution of this case should be dismissed because the claimant clearly expressed that he does not want the punishment against the defendant to the investigation agency.

2. The victim has expressed his wish not to punish or withdrawn his wishing to punish in the crime of non-violation of intention in judgment.

In order to recognize the victim’s true intent, it must be expressed in a way that is clear and reliable (see Supreme Court Decision 2001Do1809, Jun. 15, 2001). According to the record, the Chuncheon Police Station E AssistantF on May 12, 201 is the victim at around 11:10, May 201.