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(영문) 수원지방법원 안산지원 2017.02.23 2016고단4176
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 Alti-Ming Vehicle.

On July 29, 2016, the Defendant driven the above vehicle at around 23:10, and proceeded along the intersection of D three-lanes in front of the Sihing City, along the three-lanes from the Jeju Jeju Jeju Jeju High Zone to the Busan High Zone.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the Defendant neglected to do so and led the victim E (the 60 years old) driving from the front part of the said car driven by the Defendant due to the negligence of driving the central line, which is facing the driver’s fault toward the middle part of the said car, to the middle part of the Tweak Tweak Twel-si.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E, such as injury, such as cage cages at approximately 3, 4, 5, and 6 in the right side of approximately 5 weeks, injury such as cages at cages at fages at fages at fages at 45, and injury such as cages at approximately 8 weeks of treatment, cages at fages at fages at fages at fages at fages at fages at fages at fages at fages at fages at fages at fages at fages at fages at 45.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on each accident in E, H and G;

1. Each written diagnosis of E, G, and H;

1. Reports on traffic accidents or reports on occurrence of accidents;

1. Application of Acts and subordinate statutes to photograph the scene of an accident;

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 same Act concerning facts constituting an offense;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] is the area of mitigation (one month to eight months).

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