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(영문) 의정부지방법원 2019.01.16 2018고단4106
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 one year 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 B-to-car.

On May 28, 2018, the Defendant driven the above car at around 16:10 on May 28, 2018, and parked on the side of the front road C at the Southern-si.

At that time, since there was a slope length, there was a duty of care to prevent accidents in advance by accurately manipulating the brakes, steering gear, etc. while parking the vehicle to the person engaged in the vehicle driving business.

Nevertheless, the defendant parked on the way to stop without neglecting this, and caused the victim D(68 years of age) to get out of the way to stop the car by negligence which failed to properly operate the operation system.

As a result, the Defendant suffered from the victim’s occupational negligence such as damage to the number of water and the complete paralysis, etc., which require medical treatment for about 32 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A medical statement, medical certificate, and medical opinion;

1. The actual condition survey report;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (In 4-1) (Special Mitigation) (Special Mitigation) (Special Mitigation) / In the event of occurrence of the basic area of punishment (including serious efforts to recover damage) / In the event of serious injury (type 1), the sentencing range compared with the recommended sentencing range: April 1 (Pronouncement Decision] 4-1 year (Pronouncement Decision] as the defendant's negligence results of causing serious results of causing inebrate damage and complete paralysis, etc., and therefore, the crime liability is heavy.

However, the defendant did not have any criminal power and received a letter from the victim.

It seems that the damage was recovered to some extent by the comprehensive insurance to which the defendant joined.

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