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(영문) 수원지방법원 안산지원 2020.05.15 2020고단463
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 a ASEAN car.

On December 6, 2019, the Defendant driven the above car at around 18:35 on December 6, 2019, and continued to drive the two-lane road in the 485-8 U.S., U.S., U.S., U.S., under the direct control of the two-lane road from the boundary of the gas station C to the air basin.

At the time, the driver of the motor vehicle had a duty of care to prevent the accident due to thorough operation of steering time and accurate operation of steering and steering devices for the driver of the motor vehicle.

Nevertheless, the defendant did not discover the warning engine of the victim D(65 years old) which was driven at the front of the vehicle due to negligence while driving the vehicle at the front of the vehicle, and shocked the front part of the vehicle as the front part.

As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as not knowing awareness that the victim needs to receive medical treatment for about 20 weeks and brain damage accompanied by the funeral expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site and a photographic photo, and a fluore image of a fluore vehicle image;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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, and Article 268 of the Criminal Act.

1. The degree of damage caused by sentencing under Article 62(1) of the Criminal Act, however, considering the fact that the victim’s family members agree with each other and no criminal records exist

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