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(영문) 수원지방법원 2017.10.25 2017고단5564
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of the Category B car.

On June 28, 2017, the Defendant driven the above car at around 22:38, and got off the street front of the D convenience store in the wife population C at the port of the Ri, which is located in the wife population C, along the two sides of the road at the shooting distance of both sides, according to one-lane road.

Since there is a crosswalk, in this case, there was a duty of care to check whether a person engaged in driving service is a person who gets involved in driving service to reduce the speed and to see the right and the right and the right and the right, and to safely drive the road.

Nevertheless, the Defendant neglected to do so and proceeded with the vehicle in front of the said vehicle by negligence, and the Defendant was the victim E(54) and the victim F(61).

The Defendant, by such occupational negligence, suffered injury to the victim E during the course of serious injury, etc., to the victim E, and injury to the victim F during the period of at least 24 weeks of external surgery, such as flaging a large amount of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by filing a traffic accident report, a written diagnosis, or a visual closure;

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, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a crime heavier than that of a crime in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime committed against F) ;

1. Selection of a credit cooperative without prison labor for punishment;

1. Suspension of the execution of sentence under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - Circumstances unfavorable to the reasons for sentencing - the victims of the instant accident have suffered significant damage that would be difficult to recover from the victims of the instant accident. The favorable circumstances - the defendants recognize and reflect in depth all the criminal facts. - The victims are no longer punished by the Defendant in agreement with the victim.

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