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(영문) 수원지방법원 안양지원 2017.02.21 2016고단2086
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

On September 10, 2016, the Defendant driven the above vans around 21:58, and led D's roads adjacent to the gas stations in Ansan-si C to the direction of lighting in the direction of the distribution complex.

At night, there was a duty of care to prevent accidents by reducing speed and accurately manipulating the steering side and the steering system. In such cases, there was a duty of care to prevent accidents.

Nevertheless, due to the negligence of neglecting this, the victim E (or 68 years of age) who was crossing the road without permission on the right side from the bend left side of the bend, was found to be late and operated, but the victim was not faced, and it was received from the victim in front of the above bend part of the bend, and went beyond the ground.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral cerebral ties, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Blue stuff photographs, CCTV images and CCTV images;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing under the sentencing guidelines] - The basic area (from April to one year) of types of general traffic accidents (the basic area) - Special mitigation (the special mitigation) in cases where the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage (the first type): In cases where the victim is also at fault, the victim is at fault: (a) where the victim is at fault; (b) the defendant is at fault; (c) the victim is at fault in the course of crossinging without permission; (d) the traffic accident in this case; (e) the victim is at fault; (e) the victim is the primary offender; (e) the victim suffers serious injury

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