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(영문) 광주지방법원 순천지원 2017.12.07 2017고단1691
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for three 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 a rocketing vehicle.

On May 25, 2017, the Defendant driven the above rocketing vehicles around 16:50 on May 25, 2017, and led the front road D at the time of leisure to the direction of X-ray from the welfare center for the disabled.

However, since there has been a center line, the driver has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear, not exceeding the center line, and the driver has a duty of care.

Nevertheless, the Defendant neglected to do so and received the front part of the Victim Flasing G rocketing Engines that were going beyond the median line, in front of the said rocketing vehicle.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports of traffic accidents and evidence and photographs of the scene of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The fact that a victim of reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution does not want the punishment of the defendant, and there is no criminal history against the defendant is a favorable condition to the defendant.

The defendant's negligence is not easy and the size of traffic accident is also important.

On the other hand, in light of the defendant's environment, economic situation, etc., the punishment was imposed as ordered by considering the fact that the amount of fine can be harshly imposed on the defendant.

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