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(영문) 수원지방법원 2019.08.12 2019고단1438
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle BM520.

On December 18, 2018, the Defendant driven the above car at around 09:45, while driving it along the two-lanes of the flame distance, immediately preceding the combustion distance in the Gu of Suwon-si, Suwon-si, along the two-lanes from the C Apartment to the string distance.

There is a large distance in the course of the vehicle, etc., and the state of red signal in the straight direction of the private distance has been a duty of care to reduce the speed and to properly examine the right and the right and the right of the vehicle in the case of bypassing the above private distance.

Nevertheless, the defendant was negligent in neglecting this, and found the victim E (year 77) who is getting a bicycle from the direction of the Suwon Fire Station to late and operated it to avoid this. However, the defendant did not avoid it and did not get out of the front left side of the vehicle of the defendant, and did not get out of the floor the front side of the victim's bicycle.

Ultimately, the Defendant suffered from a serious injury to the victim, such as blood transfusion, due to the above occupational negligence, which requires approximately 20 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing the de facto survey report and CCTV image closure;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendations according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury by traffic accident [the special person] - the mitigation element: If the victim has a considerable fault due to the occurrence of traffic accident or the expansion of damage, it is not punishable (including serious efforts to recover the damage) - the aggravation element: the recommendation area where serious injury has occurred.

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