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(영문) 의정부지방법원 2017.07.18 2016고단5259

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in the operation of the Grand City Kapool.

On September 27, 2016, the Defendant was driving a 1 lane in front of the Northwest-gu, west-gu, west-gu, Seoul, in the direction of the listing intersection to the Do road intersection from the direction of the listing intersection.

Since the place is located along the center line of yellow domin line at the center of the road, in such a case, the driver of the vehicle has the duty of care to safely drive the center line and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and went beyond the central line, and brought up the full side of the ECA 110 U.S. to the right side of the defendant's knife, which was driven by the victim D (22 older) who was going to the opposite line.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand lag electronic laging on the left-hand side in need of approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A report on traffic accidents and a survey report on actual condition;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The following facts are revealed: (a) protection and observation; (b) community service order and order to attend a lecture; (c) a traffic accident is caused by a violation of the central line of reasons for sentencing under Article 62-2 of the Criminal Act; (d) a victim injured; (c) a criminal record of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (d) a criminal record of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (e) a criminal record of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a fine of KRW 30,000,000 for the victim; and (e) a criminal