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(영문) 의정부지방법원 2017.09.13 2017고단2248
교통사고처리특례법위반(치상)
Text

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

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 the duty of driving B Poter trucks.

On January 10, 2017, the Defendant turned down the apartment entrance at a speed of about 10 kilometers per hour in the front of Heung Slock 101, from among the 200 Goamam-ro 15:25 Yangju-si, Yangju-si 200, to a speed of about 10 kilometers per hour.

Since there is no distinction between delivery in apartment houses and vehicular roads, pedestrians, etc. using them have the duty of care to take care of the driver of the vehicle in such a case and prevent accidents in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C(7) (7) who was in the aftermast room, and did not discover the victim C(7) who was in the aftermast room, and did so by shocking the damaged part of the Defendant’s vehicle behind the above vehicle, and went beyond the floor, and continued to turn the head of the victim’s head to the left-hand side of the above vehicle.

After all, the Defendant suffered serious injury, such as complicated crushing of 10-hours, which require approximately 10 weeks of treatment, to the victim due to the above occupational division and room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph;

1. A report on investigation;

1. A medical certificate;

1. The application of Acts and subordinate statutes to the letter of reply by the doctor in charge and the second reply by the doctor in charge;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, the Defendant suffered serious injury due to the Defendant’s crime of traffic accident in this case.

Although it has been caused by the structural accident of the train, however, it has been driven with more attention.

In spite of the fact, there was a wrong error.

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