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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단674
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 6, 2013, the Defendant driven the said car on April 23:30, 2013, and driven it at a non-speed speed in front of the 9-lane village of the river line located in the Sinsan-gu, Seoyang-gu, Seoyang-si, Seoyang-si, along the four-lane way from the side of the mountain road to the lake.

At the time, night time was moving back because the front door of the night, and there was a delivery on the right side, so there was a duty of care to reduce the speed and to prevent the accident by driving safely by checking well the right and the left and right of the driver of the vehicle.

Nevertheless, the Defendant found the victim D (the age of 53) who was discharged from India to 4 lanes due to negligence in neglecting the duty of Jeonju City by neglecting it, and immediately d'(the age of 53). However, the Defendant did not avoid it, but did not go beyond the victim due to the part of the front vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during 12 weeks of medical treatment, such as a dushe to the right flashe and a right dushe abandonment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Although the victim suffered serious injury in need of 12 weeks of medical treatment due to traffic accidents stated in the facts constituting a crime for sentencing under Article 62(1) of the Criminal Act (the negligence of the victim, who was landed to the roadway at night and under the situation of getting off and getting off, is also the cause of traffic accidents stated in the facts of crime), the defendant did not agree with the victim. Although the defendant's driver's vehicle is not covered by a comprehensive insurance, the victim is at night.

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