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(영문) 수원지방법원 여주지원 2017.10.25 2017고단916

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Lone Star Cargo Vehicle B.

On December 23, 2016, the Defendant driven the above cargo vehicle around 18:20 on December 23, 2016, and proceeds along the two-lanes from the right-hand side of the west to the west of the west of the city to the west of the west of the west of the west. At that time, the west of the west of the west of the west of the city to the west of the west of the west of the west of the west of the city, and the west of the west of the west of the west of the west of the west of the west of the west of the city to the west of the west of the city, the person engaged in the vehicle driving duty has a duty of care to ensure the safe operation by accurately operating the wheel of the road

Nevertheless, the Defendant neglected to do so and got the victim C (44) crossing the road from the left side of the Defendant’s running direction to the right side of the road. The Defendant received the victim C (44) from the front side of the truck driver’s seat.

Defendant 1 caused the occurrence of danger to the life of the victim due to an occupational negligence by making 100% of the eyesights in each unit lost due to the Plaintiff’s eye, frighting, and so on. Around 4 weeks of treatment, Defendant 1 got out of her arms due to the complete closure frame of the whole area, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes, such as a medical certificate and a medical certificate, and a post physical disability diagnosis certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 4 (1) 2, Article 268 of the Criminal Act concerning the settlement of traffic accidents at the option of punishment, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] of the General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (one month to eight months) is mitigated (special mitigation) where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (the purpose of restoring damage).