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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단1877

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 a DPoter II cargo vehicle.

On June 3, 2018, the Defendant followed the road in front of the “F Office” located in Ilsan-gu E at the time of Goyangyang-gu around 13:00 from the direction of the “Osan-gu Oil station.”

At that time, there was a center line of yellow solid lines, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle safely without breaking the center line.

Nevertheless, the Defendant neglected this and sustained injury to the victim G (the 41) driving of the said road to the “Issan Oil Station” on the edge of the margin by negligence beyond the median line, resulting in the Defendant’s collision with the front part of the said cargo vehicle by the Defendant’s driver, thereby causing approximately three months of injury to the victim, such as the sloping and the escape of Section 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports on the actual condition of traffic accidents, on-site photographs, diagnosis certificates, statement hearing reports, and investigation reports (in cases of breath of a victim);

1. Relevant legal provisions concerning criminal facts, 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, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] the scope of punishment [the person subject to special sentencing] for each type of general traffic accident: Reduction elements of punishment (the scope of recommended punishment]: January to August of the imprisonment without prison labor;

3. Determination of sentence: A sentence of imprisonment without prison labor for four months and a suspended sentence for one year shall be imposed on a person who has injured the central line and suffered necessary injury during the three-month period by shocking the damaged person by negligence, and the negligence and the result of damage of the defendant shall not be minor;

However, it is against the defendant's recognition of the crime of this case, and the victim.