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(영문) 수원지방법원 여주지원 2016.04.22 2016고단164
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On December 19, 2015, the Defendant, who is engaged in driving of B-learning automobiles, was driving the said automobiles at around 17:50 on December 19, 2015, and was driving on the road of the 1-lane Do located at the right 103-ro, the right side of the road at the right side.

At the time, it is night after sunset, and there is no street, so the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and right side of the motor vehicle, and to ensure that the driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by accurately manipulatinging the steering gear and steering the steering gear.

Nevertheless, the defendant did not discover the victim C (67) who was walking in the same direction in front of the defendant's car by negligence while neglecting this, and did not find out the victim C (67).

As a result, the Defendant suffered approximately 12 weeks of sexual intercourses in need of medical treatment due to the above occupational negligence, thereby causing injury to the victim, such as causing the current unknown state of consciousness.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical statement (whether serious injury is inflicted);

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a diagnosis report by a victim);

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. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) of the suspended sentence (the following reasons for sentencing) / Where there is considerable fault in the occurrence of traffic accidents or the expansion of damage to the victim in the mitigated area (one to six months) of the type of ordinary traffic accidents (the scope of the recommended punishment) (one to one month) (special mitigation (the victim), the victim is not subject to punishment (including a serious effort to recover damage) / heavy injury (one type).

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