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(영문) 서울동부지방법원 2020.02.20 2019고단4162
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On November 2, 2019, the Defendant driving the above vehicle around 18:40 on November 2, 2019, who is engaged in driving of the Bmotor bicycle owned by himself, and driving the front side of Seongdong-gu Seoul Metropolitan Government road in the direction of both sides from the direction of pilot distance.

Since there is a place where the center line of yellow solid lines is installed, the defendant is obliged to accurately observe the center line while driving the center line, and even though the center line was not invaded, by negligence, to take the front part of the motor bicycle of the victim D(E, South, 39 years old) driving along the two lanes in the margin of the center line into the right part of the two motor bicycle of the defendant's driver's above, and suffered the victim's injury, "the head of the e-mail gale in the margin", which requires about seven weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 2680 of the Criminal Act, the selection of imprisonment without labor;

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

1. The case where the victim suffers serious injury due to the traffic accident caused by the defendant's central bed driving for the reason of sentencing of Article 62-2 of the Criminal Act concerning the order to provide community service and attend lectures, and the responsibility for the crime is heavy.

However, the fact that the defendant is expected not to repeat a crime by breaking his depth, that there is no record of the same crime within the last ten years, that a significant damage would have been recovered by the liability insurance covered by the driver's license insurance of the defendant, and that the defendant's age, character and behavior, environment, circumstances after the crime, etc., as well as various conditions of sentencing as shown in the arguments and arguments, shall be determined by taking into account.

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