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(영문) 춘천지방법원 원주지원 2017.06.08 2017고단374

교통사고처리특례법위반(치상)

Text

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

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

On March 17, 2017, the Defendant was driving at Lone Star or Gohap A around 12:25 on March 17, 2017, and continued to proceed with the line of 42 on the front of the national highways of Crossing C from the bank of interest.

At this point, the Defendant, who was engaged in driving of a motor vehicle, had the duty of care to safely drive the motor vehicle by observing the speed and speed of the vehicle. However, the Defendant neglected to do so while neglecting the duty to safely drive the motor vehicle. The Defendant, due to the negligence in the course of driving the motor vehicle at a speed exceeding 33 km per hour, caused the victim’s 2 truck driver’s seat on the side of the driver’s seat of the 2 truck driver’s vehicle left left left at the place, and caused the victim’s injury, such as the 1st century emission frame, which requires treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report, a traffic accident report (1), (2), and a estimate for automobile inspection and maintenance;

1. A medical certificate;

1. Each investigation report (for example, 16, 17, 20);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1)2 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, proviso to Article 3(2)2 and 3 of the Act, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Special Mitigation from April to one year) (Special Mitigation) / Cases where illegality is serious (including serious efforts to recover damage) in the proviso of Article 3(2) (excluding subparagraph 8) of the Act, or in cases of bad driving (limited to the decision of sentence] of the defendant's negligence, the damage caused by it is serious, the damage caused by it was reduced, the damage caused by the victim and the comprehensive insurance, the damage seems to be significantly recovered, and there is no history of criminal punishment other than three times, and the criminal punishment after 2002 is punished.