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(영문) 전주지방법원 2016.12.06 2016고단1394

교통사고처리특례법위반(치상)

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

However, the execution of the above punishment shall be suspended for 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 Csch Rexton car.

On July 1, 2016, the Defendant driven the above car at around 16:25 on July 1, 2016 and, at the same time, driven the front e-distance D located in Seojin-gu, Seojin-gu, Seoul, the Defendant had a duty of care to thoroughly drive the front e-distance and prevent the accident in advance by safely driving the vehicle in accordance with the new name.

Nevertheless, the Defendant neglected this and caused the injury of the victim F (the 56-year old-age), who was in accordance with the vehicle moving signals at the seat of the Jinjin Police Station, due to the negligence of left turn at the front of the Jinjin Police Station, to the front part of the G bargaining car of the victim F (the 56-year-year-old-old-old-on-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-on-hand-on-hand-on-on-on-hand-on-on-hand-on-on-hand-on-on-hand-on

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Medical certificates and opinions;

1. Investigation report (whether a victim H is a serious injury) and a medical statement (whether a victim H is a serious injury);

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 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 Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation, community service, and lecture attendance order Article 62-2 of the Criminal Act - Where an ordinary concurrent relationship is established between violations of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the judgment, the sentencing guidelines established by the Sentencing Committee cannot be applied, and circumstances unfavorable to the defendant: