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(영문) 의정부지방법원 2017.11.28 2017고단1511
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 DM5 car.

On December 7, 2016, the Defendant driven the above vehicle around 20:40 on December 7, 2016, and led the Defendant to the right-hand viewing from the side of the building for the tricheon bicycle and commercial building, which is located in E at both weeks.

In such a case, the defendant had a duty of care to prevent accidents in advance by temporarily stopping the sidewalk before crossing the sidewalk to a person engaged in driving the motor vehicle, so that it does not interfere with pedestrians' passage.

Nevertheless, the Defendant neglected to do so and neglected to pass over by the negligence of overcoming the delivery due to the negligence of overcoming the delivery (e.g., age 22). The lower part of the victim G (e.g., age 22) was shocked to the front part of the Defendant’s vehicle, thereby passing over the delivery.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the fluoral fluor, which requires approximately four weeks of treatment, and the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A yellow survey report and an accident video CD;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the traffic accident of this case due to the negligence of the defendant who committed an offence against the delivery, the injury of the victim caused by the alley and complex flasing pains by the victim (the victim seems to have suffered difficulties in pain and daily life for a considerable period of time in the future). The defendant voluntarily transferred the victim without the victim's request after the accident, and the defendant moves the victim at will without the victim's request after the accident. However, the agreement is reached with the victim (criminal agreement), and the defendant is against the defendant.

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