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(영문) 수원지방법원 평택지원 2017.06.26 2017고단299
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person who is engaged in driving a bicycle B 100 motor device;

On November 17, 2016, the Defendant driven the above vehicle at a speed of 21:40 on November 17, 2016, and driven the front road of the Pyeongtaek-si registry office located in 1351 as Pyeongtaek-si games at a eternal speed from the direction of the Defendant’s bank.

At the time, there were nights, and there was a long distance crossing at the front side, so there was a duty of care to prevent accidents in advance by driving a motor device bicycle with the driver's duty of care to see the front side and safely.

Nevertheless, the Defendant neglected this and went through as is, due to the negligence of the Defendant, received the parts of the body part of the victim C (25 years old) which was the crosssection from the front side of the Defendant, with the motor device front wheels of the Defendant.

Ultimately, the Defendant suffered approximately three weeks of medical treatment due to the above occupational negligence, such as the closure of 2 cage cage cage cages.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a bicycle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A fact-finding survey report, a report on the occurrence of a traffic accident, and an accident scene photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, 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 (the occupation of causing occupational negligence, selection of imprisonment without prison labor), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the occupation of operating automobiles which are not mandatory insurance, and selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing guidelines for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (the scope of recommendations).

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