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(영문) 수원지방법원 안양지원 2013.11.29 2013고단803
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a car in Cknife.

On January 30, 2013, the Defendant driven the above car at around 04:00, while driving it, the Defendant continued to drive it from the gold basin to the scambly distance range, depending on three lanes in front of the Taeyangyang-dong, Manyang-gu, Manyang-gu, Manyang-do, Seoul-do.

In such cases, a person engaged in driving service has a duty of care to care in preventing accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and caused the victim D (the age of 41) who crosses the road to the right side from the left side of the running direction of the defendant due to the negligence of driving the road by neglecting it.

Ultimately, the Defendant, by negligence in the above occupational negligence, inflicted injury on the victim, such as undermining cerebral cerebral cerebrs and cerebral cerebral cerebral cerebrs, in which the details in which the victim is unable to know is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts

1. Selection of alternative imprisonment without prison labor;

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

1. In light of the fact that the degree of injury suffered by the victim for the reason of sentencing Article 62-2 of the Criminal Act is very serious and the possibility of recovery thereof is also unclear, it is reasonable to impose strict punishment on the defendant.

However, considering the fact that the crime is closely against, immediately after the accident, that the relief measures were taken, that the insurance money was paid to the victim as a result of a comprehensive insurance policy, that the defendant himself/herself has made a serious effort to recover from damage, such as paying KRW 10 million, and that there is no negligence falling under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the punishment shall be determined as per the order.

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