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(영문) 청주지방법원 2016.06.23 2016고단93
교통사고처리특례법위반
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-out car volume.

On November 17, 2015, the Defendant driven the above vehicle at around 05:40, and left the left to the parking lot of the “D” building while driving from the front side of the “D” building located in Seocho-gu, Seocho-gu, Seocho-gu, the Defendant left the left from the front side of the “D” building.

At the time, the time was a new wall hour and the front door of the rain, and therefore, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately manipulating the front door, the front door, the wing, and the steering system of the vehicle, and to prevent accidents.

Nevertheless, the Defendant neglected this and went beyond the road, and the victim E (the age of 89) who crossed the road from the right-hand side of the Defendant’s vehicle driving direction to the left-hand side of the road to the left-hand side of the road.

As a result, the Defendant caused the victim E by negligence in the course of business to suffer serious injury due to the injury of the victim E, which is less than 8 weeks of less than two open wounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the F;

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

1. The application of Acts and subordinate statutes to medical certificates, medical statements, and written opinions of doctors;

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

1. April to October of the amount of punishment recommended on the sentencing criteria; and

2. The sentence shall be determined as ordered, in consideration of the fact that the sentence is against the decision of sentence, the fact that the injured person suffered serious injury, the fact that the vehicles of the accused person are covered by a comprehensive insurance, the fact that the injured person agreed smoothly with the injured person after the prosecution, the first offender, and other sentencing conditions prescribed in Article 51 of the Criminal Act.

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