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(영문) 수원지방법원 안산지원 2017.06.28 2017고단976
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of the CM5 vehicle.

On September 9, 2016, the Defendant driven the above car at around 04:35, and led to the driving of the vehicle at around 04:35, one lane between D and D in front of the Sinsan City to the Sinsan fire station.

At the time, since it is at night, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear and steering a person engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected this and proceeded as it was, the defendant's body of the victim E who crosses the road from the right side of the defendant's proceeding to the left side was shocked into the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as blood transfusion from an external wound prop set aside without any wife, which requires treatment for at least six months, due to the above occupational negligence, and caused danger to life.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act of the Suspension of Execution (a) does not constitute a criminal record against the defendant, and that the victim's negligence crossing the accident of this case without permission at night is an important cause, and the victim's family and paid a mutual agreement.

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