(영문) 광주지방법원 2018.09.06 2018고단1620

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(영문) 광주지방법원 2018.09.06 2018고단1620

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

Around 07:30 on January 29, 2018, the Defendant was driving a BM5 car to proceed with a sM5 car in the direction of Dopp. Dp. on the front of the BM5 car. On the other hand, the Defendant suffered injury, such as the victim E (34) who was driving on the opposite lane due to the negligence going beyond the median line while neglecting the duty of care to safely drive the road by accurately operating the steering area and the left and the left side, and driving the 12 weeks of the 12 weeks of the above SM5 car. The Defendant suffered injury to the victim, who was taking the front of the right side of the 12 weeks of the above SM5 car, by neglecting the duty of care to safely drive the road by accurately operating the steering area and the right side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph (the sequence 4,5 in the list of evidence);

1. A copy of the medical certificate (a list No. 15);

1. A traffic accident analysis and appraisal report;

1. Application of CD-related Acts and subordinate statutes

1. The relevant legal provisions on criminal facts, Articles 3(1) and 3(2)2 proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, and Article 268 of the Criminal Act / [the type of decision] The basic field of sentencing of type 1 (determination in the sphere of recommendation] [the scope of recommendation] from April to 1 year [the scope of recommendation] / No person subject to general sentencing [the person subject to general sentencing] from being subject to criminal punishment for being subject to comprehensive motor vehicle accident insurance - Cases falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the event of an injury among the factors subject to mitigations (determination of sentence] [the determination of sentence] above Sentencing persons and the degree of violation of the duty of care by the defendant

참조조문

-교통사고처리 특례법 제3조 제1항

-교통사고처리 특례법 제3조 제2항

-형법 제268조

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