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(영문) 광주지방법원 2017.09.26 2017고단3239
교통사고처리특례법위반(치상)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

Reasons

Punishment of the crime

On June 8, 2017, the Defendant driven a cub car to C on June 12:42, 2017, and driven the front road of the E hospital located in Seo-gu, Seo-gu, Gwangju in Gwangju, using one lane between the two lanes in the direction of the opening.

In this case, since the driver of a vehicle is driving a bicycle in the victim F (82 tax) at the front door, the driver of the vehicle is negligent in doing so while neglecting his duty of care to ensure the safety of the career by reducing speed and checking the front door well, while driving the bicycle on the front part of the vehicle of the defendant, and putting the victim over the floor.

Defendant 1 suffered injury to the victim due to the negligence in the above job-related business, such as an injury to the victim of an external wound, which does not have any wound in the two open 11 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Response to a request for appraisal;

1. Each written diagnosis;

1. Each written request reply;

1. Application of Acts and subordinate statutes to CCTV images around the accident site;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor for an offense;

1. Where there is a substantial negligence on the occurrence of a traffic accident or expansion of damage to the victim, even though the victim has a reduced area (one month to eight months) of the type (the injury caused by a traffic accident) of the first type of general traffic accident according to the sentencing guidelines;

2. According to the decision of sentence, comprehensively taking into account all the sentencing conditions in the instant case, such as the circumstances as the Defendant’s age, sex, environment, the background and result of the instant crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The victim is also responsible for the occurrence of a traffic accident.

The defendant deposited 3 million won for the victim.

The defendant shall maintain his livelihood.

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