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(영문) 의정부지방법원 고양지원 2014.09.18 2014고단678
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a car in CM520.

On February 23, 2014, the Defendant driven the above car at a speed of 30 km from the direction of the Goyang-gu to the direction of Seoul (Seoul) from the Goyang-dong 62, Goyang-gu, Goyang-gu.

At the time, it is night and its location is a place where the center line of yellow solid lines is installed by a bend and bend by rain, so the driver of the motor vehicle has a duty of care to see the front side and safely drive the motor vehicle along the lane.

Nevertheless, the Defendant neglected to do so and found the front section of the electric power line at the latest, and received the front section of the victim D(Nam, 50 years old)'s Maz Motor Vehicle, which was driven by the injured party D(Nam, 50 years old) who was driven in the opposite part, as the front section of the SM520 Motor Vehicle.

Ultimately, the Defendant’s occupational negligence caused the victim D’s injury, which requires approximately 3 weeks of medical treatment, such as a 5 lorries at 5 lorries, etc., and the victim F (nor 41 years of age) who was on the math car to receive approximately 8 weeks of medical treatment, and the victim F (nor 41 years of age) who requires approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. A statement of F and D;

3. Application of the actual condition survey report, each diagnosis report, reference materials, and statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment without prison labor;

4. The grounds for sentencing under Article 62(1) of the Criminal Act are the elements for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant, who committed a traffic accident upon the central line, committed a traffic accident; and (b) the Defendant, who suffered a serious injury to one person, are the factors for sentencing unfavorable to the

On the other hand, the defendant recognized all the facts charged of this case and reflected, and agreed with the victim F.

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