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(영문) 청주지방법원 2021.02.09 2020고단2093
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On August 13, 2020, the Defendant driven a two-lane road in front of the Cheongju City City, a U.S. C in front of the Cheongju City, and made a left turn to the left-hand turn to D while the fallen from the luxan Zone to the three-sections of the luxan Zone, which is going along one-lane from the luxan Zone to the three-section.

Since there is a center line of yellow-ray, a driver engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front line and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and got the front part of the FW125 Oba, which is driven by the victim E ( South, 42 years old) who was driven by one lane from the opposite vehicle due to the negligence of breaking the center line of the yellow round, and driving the left at the opposite vehicle, as the front part of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational division and the above 14 weeks of pulverization of the senior executives who need approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident scene photograph;

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 According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62(1) of the Act on the Suspension of Execution does not relax the Defendant’s responsibility for causing traffic accidents by negligence over the central line of reasons for sentencing, and causing serious injury to the victim. However, considering the following factors: (a) the Defendant’s perception of the instant crime and reflects the mistake; (b) the vehicle involved in the accident is covered by a comprehensive insurance; and (c) the injured party does not want punishment against the Defendant by mutual agreement with the victim after the closure of pleadings; and (d) the Defendant has no other criminal record other than once before and after the suspension of the execution of the sentence; and (b) the Defendant’s age, sex, environment, and post-crime.

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