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(영문) 의정부지방법원 2014.07.08 2014고단812
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 4, 2014, the Defendant was a person driving C Berc, and around 14:00, the Defendant tried to drive the above Odica, thereby entering the two-lane 258 (258) to the side road of Edic City, Edic City, Edic City, Edic City, and driving the road into the side road of Edic City, Edic City, Edic City.

Since there is a center line of yellow solid lines, the driver of the motor vehicle shall proceed to the right side of the center line.

However, the defendant was negligent in driving the central line along the opposite opposite line to the other one in order to drive a road, and the victim D(36 years old) driving the one of the two-lanes to medical center on the side of the Gu Government Station was driving ahead of the victim D(36 years old) who was going to the medical center on the side of the Gu Government Station, and caused the victim to go beyond the road in order to avoid a conflict with the Defendant's Otobane.

The Defendant caused the victim to suffer injury due to the above occupational negligence, i.e., the check - off dives of a field in need of approximately eight weeks of medical treatment, such as dives of a diversary - dives of a river-gu and ga-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) 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, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a School [Determination of Punishment] The basic area of traffic accident [decision of the recommended area] Type 1 [Article 62-2] [Article 62-2 of the Criminal Code] [Article 62-2] The basic area of traffic accident [Article 4] 4 months to 10 months [Article 4 (4)] - Partial deposit of money, serious reflectness, and no record of criminal punishment [Article 62-2] - There is no history of criminal punishment, clear social relation, serious reflectness, defendant's altitude, and defendant's detention entail excessive difficulty to his dependants.

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