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(영문) 수원지방법원 안산지원 2017.10.18 2017고단2210
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 service B W125CC.

On June 23, 2017, the Defendant driven an over-to-face 21:30 square meters and proceeded directly from the side to the tin park from the nearest distance of article to the tin park in Ansan-si.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, while the defendant is in a direct progress, the victim D (6 years, remaining) who should return to the right side of the course was faced with the front part of the defendant's driving.

As a result, the Defendant suffered from the victim’s occupational negligence, such as the deprivation of body body body in the left-hand frame, which requires six weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the victim's age is old and the degree of injury is so severe that it is unclear whether or not the damage will be compensated only by the liability insurance subscribed by the defendant, but does not make a serious effort to recover damage or to reach an agreement, and circumstances favorable to the defendant that have the same force: The defendant led to an offense, and there is no criminal record exceeding the fine;

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