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(영문) 수원지방법원 평택지원 2016.12.22 2016고단1736

교통사고처리특례법위반(치상)

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

However, the execution of the above punishment shall be suspended for 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 a B M& car.

On July 27, 2016, the Defendant driven the said car at a speed of 00:07, and proceeds from the two-lane road in front of the Western Agricultural Co., Ltd. in the Jinseong-gu Seoul Special Metropolitan City Sari-do in Sasan-do at a speed of which it is impossible to identify the two-lane road from the 38th national road to the Cheongpo apartment bank.

At this point, there is a center line of yellow solid lines, so in such a case, there was a duty of care to drive a person engaged in driving motor vehicles with due care not exceeding the center line.

Nevertheless, when the Defendant neglected this and her negligent negligence, the Defendant was found to have been driving a victim C driving the victim C driving the victim C driving the victim C driving the victim C driving the victim C driving the victim's 38 country-side Myeon from the main Cheonguri Apartment apartment room on the opposite side.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand knee in need of treatment for about four weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs on accident site, operation confirmations, and medical certificates;

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, 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 [Scope of Recommendation] General traffic accidents in consideration of the following factors: Type 1 (Special Mitigation in January or August) (including efforts to recover from injury caused by traffic accidents) and the area of mitigation (including special mitigation in January or August) [decision of a sentence], the occurrence of an accident caused by Defendant’s central intrusion; the occurrence of an accident caused by insurance; the compensation for the damage inflicted on the victim; the absence of any criminal record; the degree of injury inflicted on the victim; etc.