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(영문) 수원지방법원 평택지원 2017.02.09 2016고단2556
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a four-time vehicle B.

On October 20, 2016, the Defendant driven the above vehicle at around 07:56 on October 20, 2016, and proceeded with the front road 133 Dopung Industrial Co., Ltd., Ltd., at the 156 Dopung-si-si (156 Dopung-si) toward the treatment industrial three-distance distance from the flat-si port.

In this case, there is a duty of care to thoroughly see the front-time and safely drive the car line in the case where the center line of the yellow-ray is installed.

Nevertheless, the Defendant neglected to do so and caused the front portion of the victim C (65) operating in the opposite line due to the negligence of the fleet, which was normally straighted at the opposite line, to the right side of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to the above victim C, such as cryp salt, etc. requiring approximately 2 weeks of treatment, injury to the victim E (the victim E (the victim 62 years of age) who is a passenger of the victimized vehicle, such as plebing and closing plekeing, etc. requiring approximately 6 weeks of treatment, injury to the plebing string wall in need of approximately 2 weeks of treatment to the same victim F (the victim f4 years of age), and injury to the frying wall that requires approximately 8 weeks of treatment to the same victim G (the f4 years of age).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. A survey report on actual conditions;

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

1. Determination on the application of the O sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Act: The scope of the applicable O sentencing guidelines recommended: The basic area (4 months to 1 year) of the type of general traffic accident (the injury by traffic accident).

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