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(영문) 수원지방법원 성남지원 2016.11.21 2016고단2961

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B by self-drawing.

On August 1, 2016, the Defendant driven the above car at around 05:48, and got to turn to the left while driving the road near the short-distance street in the Geumwon-gu, Young-gu, Seoul Special Metropolitan City in the Gyeonggi-gu on the game.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed to prevent accidents in accordance with the new code and prevent accidents.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the straight line of the vehicle and received the part on the left side of the DNA taxi driven by the victim C (the 60-year-old) who was driven by the victim C (the 60-year-old) under the new subparagraph from the opposite lane.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim E (the age of 40) who was on the part of the above victim and the victim E (the age of 40), such as catitis that requires approximately 2 weeks of medical treatment, and suffered injury, such as 12 weeks of medical treatment to the victim F (the age of 70) who was on the part of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes, such as photographs of accident scene and photographs of accident vehicles;

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 (including the fact that the suspension of execution is against the law and there is no criminal record exceeding the fine between the past 15 years, the fact that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the fact that the victim F wants the defendant to take the action against the defendant;

1. Order to attend lectures under Article 62-2 of the Criminal Act;