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(영문) 수원지방법원 성남지원 2017.09.14 2017고단679
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of collecting food to 6.6 tons.

On January 4, 2017, the Defendant driven the 07:35 Franchi, and proceeded with one lane in front of the Gyeonggi City, Gwangju, from the apartment site of Geum River, about 20 km from the direction of the SRC Rehabilitation Hospital to the speed of about 20 km.

Since there is a road where a central line is installed, the defendant who is engaged in driving a motor vehicle has a duty of care to safely proceed along the designated lane and prevent accidents.

Nevertheless, the Defendant was driven by the victim D(39 tax) who was driving a road adjacent to the central line due to negligence to overtake the automobiles in advance. Nevertheless, the Defendant received the front part of the Echier XG car, which was driven by the victim D(39).

Defendant 1 suffered injury such as salt, tension, etc. caused damage to the victim D by negligence in the course of business as above, which requires at least two months of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. Application of Written Opinions (D) legislation

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201)

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