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(영문) 수원지방법원 여주지원 2016.10.19 2016고단875
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On July 23, 2016, the Defendant driven the said car on July 15:10, 2016, leading C road to the ordinary interest rate from the west side.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant neglected this and was driven by the victim D(the age of 56) who was driven by the injured party D(the age of 56) coming from the center line due to the negligence of the Defendant, as the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as the right sleep for about two weeks of treatment, the injury to the victim F, who was on board the Ecoos car, such as the pressure frame 3 and 4 times of need for approximately 12 weeks of treatment, the injury to the victim G, such as the right sleep and the pressure frame slick for about 12 weeks of treatment, and the injury to the victim H, such as the slick aggregate slick for about 10 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommendations] general traffic accidents in the first category (the injury of traffic accidents) and the basic area (the fourth to one year) (the special person) (the decision of sentence] [the degree of damage caused by the traffic accidents in this case for 2 years after the suspension of the execution of the imprisonment without prison labor for August], but some victims are victims.

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