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(영문) 수원지방법원 평택지원 2017.06.26 2016고단2934
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in B.

On August 25, 2016, the Defendant continued D's front road located in Pyeongtaek-si C in Pyeongtaek-si, Pyeongtaek-si, in the face of a national bank.

Since there is a crosswalk installed, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce speed and check the right and the right and the right of the road well, and to drive safely.

Nevertheless, the defendant neglected this and did not discover the victim E (56) and the victim F (58 years old) from the right side of the defendant's proceeding to the left side, and did not find the victim E (56 years old) and the victim F (58 years old).

Ultimately, the Defendant suffered injury to the victim E by negligence in the course of performing the above duties, such as light dump sale, which requires approximately 2 weeks of treatment, and pressure pressure dump sale to the victim F for about 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report ( telephone investigation, victim E);

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, and medical certificates;

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. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. Reference to the sentencing criteria (the scope of recommended punishment) (the basic area (the injury caused by traffic accidents) for the types of general traffic accidents;

2. Determination of sentence - The crime of this case was committed by the Defendant by shocking the victims of the crosswalk and causing injury to them, and the case is not less severe, in the case of the victim F, and the victim F suffered serious injury, and the damage to the victim F is completely recovered.

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