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(영문) 인천지방법원 2018.03.23 2017고단9106

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CV motor vehicles.

On August 31, 2017, the Defendant: (a) around 12:48, at the “E” restaurant parking lot located in Nam-gu Incheon Metropolitan City, Nam-gu D, the Defendant was made a bypass to move and park CV-si vehicles, which are customers’ vehicles.

The driver of any motor vehicle has a duty of care to reduce speed and prevent accidents by properly examining the left and right of the front and rear side.

Nevertheless, the Defendant neglected this and led the victim F (69 years old) who was leading to parking on the front side of the above vehicle by negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about 16 weeks of opening the body of the victim who is in need of medical treatment, and from cutting the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G or F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on investigation (a serious injury to victim F);

1. Application of medical certificates (6 pages of evidence records), on-site, and vehicle-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Scope of the recommended punishment according to the sentencing guidelines [type determination] - Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Sentencing) - Where an injury occurs among the factors of aggravation: (a) where an injury occurs among the factors of aggravation (the determination in the sphere of recommendation] / [the scope of the recommended punishment] 8 months to 2 years (the person subject to general sentencing) of imprisonment without prison labor / The amount equivalent to the deposit of an amount;

2. Whether to suspend the execution (major reasons) - Where death or serious injury occurs (general reasons) - positive: The amount of deposit equivalent to that of a person who has no criminal record of the suspension of the execution.

3. The defendant's crime of sentencing decision shall be the right to the victim by shocking the victim who had led the vehicle in front of the direction of the proceeding while moving the vehicle in the parking lot for parking management.