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(영문) 의정부지방법원 고양지원 2015.11.05 2014고단2379
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a motor vehicle of D. D.

On April 20, 2014, the Defendant driven the above vehicle on April 20, 2010, and changed the lane from the first to the second one while driving the vehicle along about 100 km in the speed of the road at the lower line of the 167.4km at the right edge of the road at the right edge of the Gu-U.S.-si, the Defendant changed the lane from the first to the second one while driving at the right edge of the road at the right edge of 167.4km.

At the same time, there are two lanes in the same direction, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering gear and brakes.

Nevertheless, the Defendant neglected this and neglected to change the two lanes from the first lane to the second lane, and instead received the back wheel part of the victim E(54 years old) driving the two lanes from the upper right side of the said vehicle. The Defendant received the back wheel part of the victim E(54 years old) driving.

Ultimately, the Defendant, by occupational negligence, prosecuted the Defendant’s injury in the pressure frame No. 1, which requires approximately 10 weeks of medical treatment, to the victim G (Y, 53 years of age) who took advantage of the above victim’s vehicle (the Prosecutor was charged with an injury requiring approximately 8 weeks’ medical treatment, but the evidence reveals that it is an injury requiring about 6 weeks’ medical treatment. Thus, without any amendment to this part of the indictment, the Defendant suffered injury, such as the closure of the bones of a single rebral, other than the dunes, which requires a single rebral, outside the dunes.

Summary of Evidence

1. Each legal statement of witness E and G;

1. The statement of the witness H in the second trial record of this case

1. Application of each statute of diagnosis (including G additional diagnosis);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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