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(영문) 인천지방법원 부천지원 2017.11.17 2017고단2151
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 Obane.

On July 12, 2017, the Defendant driven an over-to-face 21:26, and driven a road of the 1-lane in the direction of the steering ridge in the direction of the third distance from Seocheon-si, Seocheon-si, the Defendant proceeded along one-lane along the shooting distance.

In this case, in the vicinity of a private road, there was a duty of care to prevent accidents by accurately manipulating the steering and steering system and the steering system of the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear and brakes in front of the front bank, and caused the victim D (V, 57 years of age) who dried the crosswalk in front of the front bank, instead of the pedestrian signal, by neglecting it, and neglecting to properly operate the steering gear and brakes.

Ultimately, the Defendant suffered injury to the victim, such as a closed malone week of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. On-site photographs;

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

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, and the selection of imprisonment without prison labor;

1. There are extenuating circumstances, such as the fact that the victim’s reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was not agreed even though the victim’s degree of damage was 6 major, but there is no agreement. However, the defendant’s primary offender, the victim’s negligence is not significant, and the liability insurance is subscribed, etc., shall be determined by taking into account the various sentencing conditions

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