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(영문) 수원지방법원 평택지원 2017.05.01 2017고단65
교통사고처리특례법위반(치상)
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

The defendant is a person who is engaged in driving a vehicle B with low investment.

On November 23, 2016, the defendant, around 06:50 on November 23, 2016, the front road of D, located in Ansan-si C, was driven from the inner side of the road to the permissible side of the road.

Since the place is a hub in which a central line is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed along the vehicle line.

Nevertheless, the Defendant neglected to do so and received the front part of the victim E(65) driving, which was driven by the central line, in order to overtake the cargo vehicle prior to it, as the front part of the above vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim E, such as the body body and chest 12 times in need of approximately eight weeks of treatment, injury to the victim G (37 years of age) who is a passenger of a passenger car driven by the Defendant, such as the number of days of treatment, and injury to the victim H(48 years of age) of the same passenger as the same passenger, for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents and the investigation report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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

1. Reference to the sentencing criteria (ordinary concurrent crimes): The area subject to mitigation of traffic accidents by type 1 (Bodily Injury resulting from Traffic Accidents).

2. Determination of sentence: A sentence of suspended sentence shall be rendered in consideration of all the circumstances, such as the serious reflectivity of the injury of E, the punishment of the said victim, the non-performance of comprehensive insurance coverage, the circumstances of the instant accident, etc., although the sentence is relatively heavy;

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