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(영문) 광주지방법원 순천지원 2017.12.07 2017고단1710

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 1, 2017, the Defendant driven a B SP car on July 15, 2017, and driven a 861 local road located in 62 U.S. from the Jinyang to the 3rd distance from the Jinyang Office.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving service is obliged not to drive the center line with the driver's duty of care, and the victim C was driven by the opposite part due to the negligence of the center line despite the duty of care to not drive the center line with the driver's duty of care.

As a result, the Defendant suffered, by its occupational negligence, approximately 10 weeks of knenee bones, knee bones, etc., from the victim E, who was admitted to the above knee vehicle, about 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Traffic accident photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant’s negligence, which caused the instant traffic accident, was not somewhat weak, and the degree of the traffic accident was also very serious.

In addition, the victim is trying for a strict punishment against the defendant.

However, the punishment shall be determined in consideration of the fact that the defendant has subscribed to a comprehensive insurance, has no record of committing any crime, and he has committed any crime.