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(영문) 광주지방법원 순천지원 2017.09.21 2017고단1226
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 driving a car B.

On April 15, 2017, the Defendant driven the above car at around 18:00, and driven the two-lane road in front of the school-dong shoulder market at the time of leisure, in the direction of the driving distance of the Dowon, the Defendant driven the two-lane road at about 40km each hour in the direction of the Dowon apartment in the direction of the new East Asia apartment in the direction of the Do treasury.

At this point, vehicles are parked along the two-lanes as parking spaces for loading and unloading, and reports for pedestrians are installed, so there was a duty of care to properly operate the operation and steering gear and not to violate the reports by properly examining the front side.

Nevertheless, the Defendant neglected to operate in close vicinity to the loading and unloading parking zone, and did not operate a brake, followed by approximately 13 meters without operating the brake, and got about 13 meters off the sidewalk, and caused the damage of the victim D and the victim E in front of the Defendant’s vehicle, thereby taking the victim D and the victim E as part of the Defendant’s vehicle for about 5 weeks to the above D due to its shock, and suffered about 5 weeks of the injury of the salt ties and tension of the other parts of both sides requiring five weeks’ treatment, and about 5 weeks’ treatment to the above E.

Accordingly, the defendant suffered injury to the victims due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A map at the scene of an accident;

1. On-site photographs of a traffic accident;

1. Capturing CCTV images of Dogwon-distance spirits;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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 defendant's reasons for sentencing under Article 62 (1) of the Criminal Act are covered by a comprehensive insurance.

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