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(영문) 광주지방법원 2018.06.14 2018고단1504
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 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 BP car.

On March 26, 2018, the Defendant driven the above car on March 23:15, 2018, and, at the same time, had the front of the tin bus platform, which is visible from light view, proceed from the right edge of the light on the right edge of the light.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to keep the upper line from the center of the road.

Nevertheless, the Defendant was driving by a victim C(45 e) at the right west of light from the Cheongju City, the center line of which is frightened by the Defendant.

D Kayn-kyn's kyn's kyn's kyn's kyn's car.

Ultimately, the Defendant suffered injury, such as duplicating, closed, duplicating, duplicating, etc., in which the above victim suffered approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photograph the scene of an accident and photographic images of a black stuff;

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 Criminal Act on the suspended execution;

1. Even if the reason for sentencing under Article 62-2 of the Criminal Act is long, the Defendant had a record of being punished for driving two drinking alcohols, but it does not reach the level subject to criminal punishment. However, the Defendant’s driving vehicle is disadvantageous to the following circumstances: (a) the instant traffic accident occurred while driving a motor vehicle while drinking alcohol; (b) the negligence of driving a motor vehicle in the course of drinking alcohol is not somewhat weak; and (c) the degree of injury suffered by the victim due to the instant traffic accident is not easy.

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