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(영문) 의정부지방법원 2019.03.13 2018고단3484

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On May 27, 2018, the Defendant driven the above car on May 13:25, 2018, and driven the two-lane road of D in front of C in both States, at the same two-lanes, from the two-lanes to the two-lanes.

At this point, the width of the vehicle is narrow and the traffic volume of the vehicle is high, and a sidewalk is installed on the right side of the road, so the driver of the vehicle has a duty of care to safely drive the vehicle along the vehicle along the vehicle line without harming the sidewalk by accurately operating the steering and steering gear.

Nevertheless, the defendant neglected this and changed the two lanes from the first lane to the second lane, without accurately operating the operation of the operation and steering gear, and caused the victim E (the age of 42) who is walking on the sidewalk and the roadway to face with the by-products, etc. generated by the above vehicle due to the failure of operating the operation of the operation and steering gear on the road.

Ultimately, the Defendant suffered serious injury due to the above occupational negligence that caused the victim to suffer from a cerebral disease that makes it impossible to have independent equipment and walk and that is necessary to assist others.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and G;

1. An accident site map;

1. The actual condition survey report;

1. An accident site photograph;

1. CCTV images;

1. A blackbbox and video CD;

1. Application of Acts and subordinate statutes to disability diagnosis certificates;

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 selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order [the scope of recommended sentences according to the sentencing guidelines of the Supreme Court] is general.