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(영문) 수원지방법원 2016.12.15 2016고단3910
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of Churd vehicle.

On December 10, 2015, at around 21:45, the Defendant had a duty of care to safely drive the E-cafeteria in front of the E-cafeteria in Osan City D, by looking at it in front of the offside, and as such, the Defendant, who is engaged in driving, had a duty of care to safely drive it by looking at it well.

Nevertheless, the Defendant did not discover the victim F (at the age of 56) who illegally crosses the road on the right side from the left side of the Defendant’s running direction due to negligence of neglecting the duty of the front direction, and did not discover the victim F (at the age of 56) and continued to shock the victim who lost the center on the front part of the Defendant’s front part of the bridge.

As a result, the Defendant suffered from the above occupational negligence the victim suffering from an incurable disease to the extent that it is impossible to lead a daily life due to the flag’s paralysis, such as blood transfusion and NOS, under the light that there is no open room for the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to an investigation report (report attaching a medical certificate of a disability that needs to be left behind);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant; the victim suffers serious injury due to the instant accident; the victim’s comprehensive motor vehicle insurance is covered; the victim’s negligence appears to have partially caused the occurrence of accidents or the expansion of damage; the defendant has no previous conviction; the age, character and conduct, and environment of the defendant are considered in light of the sentencing conditions under Article 51 of the Criminal Act, including the following:

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