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(영문) 의정부지방법원 2016.01.26 2015고단1775
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CSP car.

On September 14, 2014, the Defendant driven the above car at around 20:00, and driven the two-lanes of the two-lanes in front of the oil station in Gangwon-gun, Gangwon-gun, along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the military carbon distance.

At night, it was not easy to secure the view at night, and there was a bicycle for the victim F (56 years old) driver's license in the front side of the same lane, so in such a case, there was a duty of care to reduce the speed and properly operate the operation and steering gear.

Nevertheless, the defendant neglected to do so and received the rear part of the above bicycle in front of the defendant's passenger vehicle right side by negligence.

As a result, the Defendant suffered injury, such as undermining the recognition function of the victim due to such occupational negligence, lack of communication due to verbal disorder, and lack of independent daily life due to flachising, resulting in injury to the victim, such as undermining dysive brain ties and cerebral cerebral cerebrs in which continuous protection and hospital treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A traffic accident report;

1. Medical certificates, medical opinions, and investigation reports (80 pages of investigation records);

1. Application of Acts and subordinate statutes on investigation reports (51 pages of investigation records);

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. Article 62(1) of the Act on the Suspension of Execution (the primary crime that has no record of criminal punishment, and the speed of restriction is 80 km each other, driving of a bicycle without using safety caps while under the influence of alcohol on the two-lane road at a speed of 80 km each hour and with no night, etc., with substantial negligence in the occurrence of traffic accidents or the expansion of damage, and driving of the defendant.

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