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(영문) 춘천지방법원 원주지원 2016.10.11 2016고단609
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of a C Poter cargo vehicle.

On May 4, 2016, the Defendant driven the above vehicle on the 14:23th day of May, 2016, and driven the road of the E-do in front of the city of the original city toward the direction of the main city of the Si of the Si of the Gu.

There are roads where the center line of yellow solid lines is installed, and at the time, the victim F (52 years of age) was driving and operating G Otoba in the tea line facing the victim F (52 years of age). Therefore, the driver of the motor vehicle has a duty of care to check the traffic situation of the front line more well and to safely drive the motor vehicle so that it does not exceed the center line and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected the center line, and received the front part of the victim's driver's vehicle in front of the Defendant's driver's freight vehicle.

The Defendant incurred serious injury to the victim, such as “foreign cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms and “underage due to brain damage,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. The application of medical statements, and each medical certificate to statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] In the case of a serious injury (type 1) in the area of aggravation of the first category (eight to two years) (the injury of traffic accidents) [the person under special guard] [the sentence of sentence] 1 year of imprisonment without prison labor, two years of suspended sentence, the defendant of the community service order was driving with the central line without properly examining whether there is a vehicle coming from the drinking, and resulting in a traffic accident that conflicts with the victim's stobane.

A victim of the above accident is suffering from brain damage.

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