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(영문) 인천지방법원 부천지원 2017.06.16 2017고단913
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 who is engaged in driving a BV vehicle.

On July 8, 2016, the Defendant driven the above vehicle around 19:00, and proceeded with the D in front of the D in Kimpo-si Kimpo-si, Kimpo-si.

At the time, the passage of the day was strong in the direction of the passage, and the passage was not well visible. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed higher than the normal hour, to accurately operate the operation and steering gear, and to report the traffic situation of the front-distance and to prevent the accident in advance by driving it safely.

Nevertheless, the Defendant neglected this and proceeds within 40 kilometers a speed of 40 kilometers a hour without neglecting it, and did not take the bicycle riding on the front part of the Defendant’s driving vehicle, and received the bicycle riding of the said victim.

As a result, the Defendant suffered injury to the victim, such as blood transfusion and cerebral rheat, which requires approximately four weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A traffic accident report;

1. Results of a request for cooperation by a doctor in charge;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Under favorable circumstances such as the fact that the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act reflects his mistake, that the defendant is not subject to criminal punishment, that the victim's injury due to the traffic accident in this case was limited to four weeks, and that the defendant's main figures want the defendant's wife, the relationship between the defendant's negligence and the victim's death.

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