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(영문) 의정부지방법원 2017.10.10 2017고단2659
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On March 11, 2017, the Defendant continued to drive a road of about 30 km in the city of Si from the high-Eup Myeon area to the high-speed air basin of Seoul, which is located in the 139-gil 361-21, Dang-ro, Yangju-si, Yangju-si.

At the time, there are many pedestrians at night, and in such a case, there was a duty of care to prevent accidents in advance by properly operating and safely driving steering steering devices and brakes to those engaged in driving service.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear and brakes, and caused her to go beyond the floor when she was negligent in driving her fright sidewalks over the center line, and caused the victim C (the f2 years old), the victim D (the 31 years old), the victim E (the 37 years old), the victim E (the fright, the frighter) to go beyond the floor.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as a thring of the left-hand body body in need of approximately 14 weeks of medical treatment, the injury to the victim D, such as a structural frame of the 1st century in need of approximately 4 weeks of medical treatment, and the injury to the victim E, such as a light signboard escape certificate for about 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, and an accident scene photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is the high risk of the instant traffic accident, three victims due to traffic accidents, and the degree of injury in the case of the victim C.

However, it is against the defendant.

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