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(영문) 광주지방법원 2018.05.31 2018고단273
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 a period of 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 the duties of driving a two-wheeled vehicle.

On November 15, 2017, around 15:20 on November 15, 2017, the Defendant continued to run approximately 40km in the city of Si/Gu from the offside of the friendly apartment to the north-gu in the north-gu, Gwangju, along one lane.

At the same time, the victim F(71 tax) was laid down on the right side of the time, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front and right side and the right side of the vehicle driver and accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and proceeded to the left-hand side of the defendant's way from the right-hand side of the defendant's proceeding to the left-hand side by negligence, and the part of the victim's separation was shocked after the defendant's driving wheel.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion under the center of an external wound, where there is no organ open in the head requiring approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A report on the actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs and photographs on accident site;

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. It is deemed that the degree of injury inflicted on the victim is minor in light of the victim's age for the reason of sentencing under Article 62-2 of the Social Service Order Act;

In light of the fact that there is no room to see, and that there is a lack to compensate the damage inflicted on the victim because the defendant's driver's office only subscribed to the liability insurance, which is insufficient to compensate for the damage inflicted on the victim, the fact that the victim agreed with or did not receive a letter from the injured party is disadvantageous, the occurrence of the instant traffic accident seems to have been partially negligent for the victim, and the defendant was punished twice prior to the instant

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