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(영문) 대구지방법원 의성지원 2017.01.26 2015고단200
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a PP car.

On June 24, 2015, the defendant driving the above vehicle around 12:10, while driving the D parking lot in the Cheongong-gun, Chungcheongnam-gun, Cheongbuk-gun, and driving it in the direction of safety.

There is a central line, and there is a duty of care to refrain from moving beyond the central line in the opposite direction.

Nevertheless, the Defendant neglected this and took part of the part of the victim E (the 50-year-old driving) driving in the right side of the proceeding direction, which was going to the left side by negligence beyond the median line, with the front right side of the above mountain-in vehicle.

Ultimately, the Defendant caused injury to the victim due to the above occupational negligence, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement made by the police suspect A;

1. Statement of the police statement related to G;

1. An investigation report (in relation to attachment of field photographs, attachment of a medical certificate to a driver of a damaged vehicle, unknown awareness of the victim, injury to the victim);

1. The application of a written statement (whether serious injury is inflicted) and each written diagnosis (victim) to statutes;

1. The grounds for sentencing of Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268(Selection of Imprisonment without prison labor) of the Criminal Act / [the scope of recommendation] the basic area (from April to October) of the type 1 (the scope of punishment) of the Criminal Act / [the imprisonment without prison labor in August] / The degree of injury inflicted on the victim by the accident in this case is significant; the defendant's failure to agree with the victim and thereby the injured person wanted to severely punish the defendant; the defendant's age, sex, environment, motive, means, and result of the crime committed without attending the trial; and the defendant's age, sexual behavior, and environment, the motive and consequence of the crime in the records of this case shall be determined as per the order.

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