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(영문) 의정부지방법원 2014.04.01 2014고단76

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 17, 2013, the Defendant is a person engaging in driving Csch Rexroth car. Around 17:05 on December 6, 2013, the Defendant was driving the said car and driving the two-lane road in front of the two-lanes of the Eup in South-Nam-Eup in Yangyang-si in Yangyang-si along one-lane. On the part of the Defendant’s car side by his occupational negligence, which led to the left left turn inevitably in contravention of the stop signal, which led to the Defendant’s driving on the right side from the left side of the road to the right side of the victim D(32 years of age) who is driving by the victim D(32 years of age) who proceeded in accordance with the normal signals in line with the stop signal.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as the right-hand floor and the stoke, which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes governing accident photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [decision of a suspended sentence] The grounds for sentencing under Article 62(1) of the Criminal Act / [decision of a suspended sentence] the basic area of general traffic accident [decision of the recommended area] / [Scope of the recommended sentence] 4 to 10 months / [limited to general person] : Subscription to comprehensive motor vehicle insurance, serious reflectness - increased factors: heavy injury not serious injury, occurrence of serious injury - suspended sentence / suspended sentence] under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents / Reasons for negative reason / The affirmative reason - the clear social relation, serious reflectness, old age, and subscription to comprehensive motor vehicle insurance [decision of a suspended sentence] 8 months and suspended sentence 2 years;