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(영문) 청주지방법원 2017.03.14 2016고단1483
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving Obane.

On July 5, 2016, the Defendant driven the above Oral Ba on the 17:30 on the 17:0 on July 5, 2016, and proceeded with a one-lane prior to the D cafeteria located in the Cheongju-si, a substantial area of the Cheongju-si.

At the same time, the defendant engaged in driving service had a duty of care to check and drive the course safety by properly examining the right and the right of the front side.

Nevertheless, the defendant neglected this and found that the victim E (the 94-year old) was negligent in driving the vehicle without permission and delayed crossing the vehicle, and the victim was shocked to the front part of the above leto, thereby exceeding the floor.

Defendant 1 suffered from the injury to the bed of the mouths in the middle of the mouths in which approximately 12 weeks of treatment are required for the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. A written statement;

1. Accident scene and vehicle photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommended punishment] is the case where the victim was negligent due to the occurrence of a traffic accident or the expansion of damage even for the mitigated area (one month to eight months) of Class 1 of a general traffic accident [the victim] [the special mitigated person] [the decision of sentence], and the defendant's negligence is not less weak, the victim suffered serious injury, and there is no effort to recover damage, etc.

However, the defendant's mistake is divided, and the victim has committed an error of crossing without permission, there is no previous conviction, the fact that he has subscribed to liability insurance, and other age, sex, environment of the defendant.

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