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(영문) 대전지방법원 천안지원 2017.11.16 2017고단1600
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 who is engaged in driving of a rash car.

On July 25, 2016, the Defendant driven and proceeded the said car at the front of the 519 Astststast-down path, as it had been within the city of Ansan-si during the period of Ansan-si.

The location is a three-way distance between vehicles and pedestrians, and the roadway and the sidewalk are installed separately. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents by operating the motor vehicle so that the driver of the motor vehicle can live well, properly manipulates the steering direction and the brake system of the motor vehicle, so that the driver of the motor vehicle can not drive the motor vehicle in a proper manner.

Nevertheless, the Defendant was negligent in driving the foregoing vehicle by neglecting this, and the Defendant was negligent in driving the vehicle, and the Victim E (the 37 years of age) who was lying on the right side of the direction of the Defendant at the time and the Victim E (1 year of age) who was a victim E, being towed by the victim E, became the victim F (1 year of age) in front of the car driving.

After all, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as NOS in an open room of the fingers that requires approximately 12 weeks medical treatment, and the open room of the elbow, and the injury to the victim F, such as the medical checkup, the number of days of which cannot be known, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report;

1. Accident photographs;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (special mitigated person] The defendant's failure to punish (including efforts to recover damage) (the decision of sentence], and the victim E's injury.

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