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(영문) 인천지방법원 부천지원 2017.04.21 2017고단484
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years 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 B-person car.

On June 26, 2016, the Defendant, at around Kimpo-si, Kimpo-si, Kimpo-si, 16:20, 307, 107, 107, and 3:0,000, pursuant to the two-lanes of the three-lanes from the Hanpo-ro, Kimpo-ro, Hanpo-ro, Kimpo-si, Kimpo-si, the Defendant got off the two-lanes from the Hanpo-ro, Hanpo-ro, Hanpo-ro, Kimpo-ro, Kimpo-si. When he was negligent in the course of performing duties while neglecting the Jeonpo-si, while driving the two-lanes, the Defendant got off the back portion of C's DNA PP car which was temporarily stopped in order to handle the traffic accident at the front direction of the Defendant at the time when he was negligent in performing his duties, and the above FW car of FWM in order to cope with the said accident between FM car and the victim.

As a result, the Defendant caused the above victim by negligence in the course of performing the above duties to suffer from the damage to the bucks that require approximately 20 weeks of treatment, and thereby, the Defendant suffered from the injury caused by the bucks to the lower part of the lower part of the lower part of the bucks, which caused the injury to the lower part of the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, and G;

1. Reports on internal investigation (victim E statements), internal investigation reports (in response to requests for appraisal by the Road Traffic Authority), and internal investigation reports (in response to requests for appraisal by the Road Traffic Authority), and internal investigation;

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

1. Sending a comprehensive traffic accident analysis report;

1. A medical certificate or medical opinion (whether serious injury is inflicted);

1. Application of the Acts and subordinate statutes on photographs, strawers, and CDs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] In the case of a serious injury (including a person who has been specially mitigated) in the basic area (four months to one year), [the person who has been specially mitigated] in the punishment not (including a serious effort to recover from damage] / (1) in the case of a serious injury (the determination of sentence] in the ordinary traffic accident:

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