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(영문) 의정부지방법원 2013.09.10 2013고단1787

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On June 5, 2010, at around 04:08, the Defendant driving a high-speed motor vehicle in front of the Jinjin University at Sincheon-si, Sincheon-si along the two-lanes of the two-lanes from the front side of the government, and finds out the victim D (39 years old) to cross the front side of the front side of the road at the time of occupational negligence, which did not properly see the front side and the left side side side side of the road at the right side of the road, and immediately drive the said motor vehicle at the right side, but the Defendant did not avoid the front part of the said motor vehicle and exceeded the floor, thereby causing the victim to suffer injury, such as “a multi-sex fluenc that intrudes the bones, bones the bones of hair and face,” which requires treatment of approximately 16 weeks. As a result, the Defendant caused a disease, such as the right side flady, and the mouth disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of D or E;

1. Each statement of F, G, H, and I;

1. Each written diagnosis (D);

1. Written reply (data reply to the request for physical appraisal of D);

1. A traffic accident report;

1. Application of Acts and subordinate statutes to victim D image, photographic images of accident scene, and photographic images of accident site;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The main point of the argument is that the degree of injury suffered by the victim due to the instant traffic accident does not fall under the case where the victim’s bodily injury under Article 4(1) proviso 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents occurs, and the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance policy. Thus, the instant prosecution shall be dismissed in accordance with the main sentence of Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.