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(영문) 수원지방법원 안양지원 2017.04.14 2017고단16
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 engaging in driving a rocketing car.

On November 18, 2016, the Defendant driven the above car at around 13:57, and led the intersection in front of D in Seopopo City C to turn to the right from the direction of the Jeju City.

Since there is a signal, there was a duty of care to safely drive the driver according to the new code.

Nevertheless, the victim E (hereinafter referred to as 46 years old) who followed the right side part of the FK5 vehicle driven by the FK5 vehicle operating under the direct line of the right side by negligence in violation of the signal and received the front part of the FK5 vehicle above.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as salvous sale, which requires approximately four weeks of medical treatment, and the injury to the victim G (the age of 15) who was on board the said K5 car at the same time, due to the pressure salvating for about six weeks of medical treatment, and the injury to the same victim H (the age of 73) that requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of sentencing guidelines] - The sentencing guidelines does not present the guidelines for the regular concurrent crimes, but considering the fact that the scope of recommendations for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is from April to one year (the basic area of punishment for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) of the imprisonment without prison labor for not less than four months to one year (the basic area of punishment for traffic accidents)] (the decision of sentence] - Unfavorable normal:

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