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(영문) 전주지방법원 2016.04.05 2015고단2189
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a DNA car.

On November 10, 2015, the Defendant driven the above car at around 16:20, and driven the three-lane road in order to drive from the Jinjin-gu E at Jeonjin-gu at Jeonjin-gu at Jeondong-gu at Jeondong-si at the speed of about 20km each hour at the speed of about 10km from the sand internal market.

In the above road, the central line is installed, and the safety zone of yellow-ray, which is the safety sign prohibited from passage, has been installed in the front, so in such a case, the person engaged in driving of the motor vehicle had a duty of care to prevent accidents in advance by safely driving the motor vehicle along the vehicle line.

Nevertheless, the Defendant neglected this and continued to go beyond the median line and entered the safety zone of the yellow-ray, and caused the Defendant to go beyond the road by going beyond the left side of the victim G (63 ) who crosses the left side of the road without permission from the right side of the running direction of the Defendant to go beyond the road.

Ultimately, the Defendant suffered from the injury to the body of the body of the felbs, accompanied by a felball, which requires approximately 14 weeks of treatment, due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A traffic accident report, a survey report on the scene of the accident, and a photograph of the accident vehicle;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the community service and lecture attendance order [the scope of recommended punishment] is the case where the victim is negligent in causing traffic accidents or expanding damage (the victim's unauthorized crossing without permission) in the mitigated area (one to six months) of the type of general traffic accident (the injury caused by traffic accidents) (one to one month).

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