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(영문) 의정부지방법원 2020.11.11 2020고단2142
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaging in driving a rocketing car.

On August 8, 2019, around 23:45, the Defendant changed the lane to a four-lane through three-lanes while driving at a speed of about 10km in Si speed depending on the two-lanes from the side of the section to the area of the road in front of the 367 Sammpin distance, which is the direction of the road in front of the 367 Samyang-si, Namyang-si.

At the same time, a white solid line between the two lanes and the three lanes and the four lanes has been kept, and in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while driving the motor vehicle at the end and safely to prevent the traffic accident.

Nevertheless, while neglecting this, the defendant did not discover the error of the victim C(25 years old) driving, which was driven along the four lanes from the rear side of the defendant's vehicle by changing the course from the three lanes to the four lanes, while driving the motor vehicle from the rear side of the defendant's collision, and the part of the front wheels of the victim's Otoba was received with the front wheels of the victim's vehicle.

Ultimately, the Defendant caused the victim to suffer serious injury due to the above occupational negligence, which caused the victim to be in an unidentified state due to the climatic climatic depression, which had not been opened in two open wounds in the treatment days.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, traffic accident report, accident scene photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accident [the category 1] causing a traffic accident [the special person] mitigated element of punishment (including serious efforts to recover damage): Aggravation of punishment (including serious efforts to recover damage): serious injury.

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