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(영문) 춘천지방법원 강릉지원 2018.04.25 2018고단104
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at a horse at C.

On December 30, 2017, the Defendant driven the above car at around 23:10 on December 30, 2017, and driven the road at a point of 100 meters in front of the border tunnel, which is located on the new side, from the right side to the Don-Eup.

At this point, there was a duty of care to prevent accidents due to safe driving, such as driving along the vehicle safely by accurately operating the steering gear and steering system for those engaged in driving service.

Nevertheless, the Defendant neglected to do so and was driven by the victim D(56) who was under way due to the negligence of breaking the central separation unit, and was driving by the victim D(56) as the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as sugars without any room in the open two weeks for the treatment of approximately 2 weeks; injury to the victim F (F, 52 years old) who was on board the said rocketing car; injury to the body f, etc. of the upper strings that requires approximately 12 weeks of treatment; injury to the victim G (P, 19 years old); injury, such as inside the inside the floor where the victim G (P, 19 years old); and injury, such as floor closure strings, carried on the said string car.

H (Y, 33 years of age) suffered from the injury of cryp fluoral and fluoral salt fluoral in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, and H;

1. A traffic accident report, intensity at the scene of a traffic accident, report on a traffic accident, and photographs at the scene of an accident;

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. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act (i.e., the first offender and the fact that he/she is covered by a comprehensive insurance);

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