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(영문) 청주지방법원 2015.02.12 2014고단1562

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four 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

At around 07:33 on May 9, 2014, the Defendant driven a Lone Star Co., Ltd. on the part of C. C. C. on the part of C. 07:33, and proceeded with the two-lane road in C. E. in C., E., P. P., P. P. P., at the port of the hospital at the top of C. E., the Defendant was at the center of the yellow-ray, and the Defendant was at the center of the yellow-ray, so a person engaged in driving service is at the center of the yellow-ray, and the Defendant was at the duty of care to safely drive the vehicle after the front and rear left, due to the negligence of entering the opposite lane beyond the central line to make a left-hand turn, and the Defendant did not discover that the vehicle of the victim F.(32 years old), which was followed in the same direction as the opposite line, or the vehicle of the Defendant, without finding out that the vehicle of the victim is above the upper part of the victim.

Ultimately, the Defendant suffered a serious injury, such as the left-hand leblab, etc. caused by an external wound, where the victim cannot know the number of treatment days due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. A protocol of partial police interrogation of the accused;

1. The application of Acts and subordinate statutes to a traffic accident report, actual condition investigation report, diagnosis report, three copies of opinion, field photographs, investigation report (E CCTV images), investigation report (psying to the statement of a doctor and a doctor H) and investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

(a) Criteria for the type of punishment and sentence [decision of type] traffic crime, general traffic accident, type 1 (Bodily Harm resulting from traffic accident): Reduction element: where the victim has been negligent due to considerable negligence in expanding damage, exemption from punishment, and aggravation element: where serious injury has occurred [the scope of recommendation].