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(영문) 수원지방법원 2014.08.21 2014고단3204
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B in the course of duty.

On April 19, 2014, the Defendant driven the above vehicle at a speed of 03:00 and proceeded at an aesthetic speed in the front of the Suwon Civil Defense Education Center, which is driving in Suwon-si, Suwon-si. The three-lane road in front of the head of the Suwon Civil Defense Education Office, at the distance of the cultural transition, one-lane from the boundary of the agricultural and fishery product market.

Since there is a central line and there are many vehicles moving, a person engaged in driving service neglected his/her duty of care to not walk in the opposite direction beyond the central line, and caused the part of the back wheels of the victim C(19 years old, South) driver's driving that normally proceeds in accordance with two-lanes of the opposite direction due to occupational negligence in the opposite direction beyond the central line, while neglecting it in spite of the fact that there was a duty of care to not walk in the opposite direction.

The above shock caused the victim C to suffer injury, such as a closed flabing body flag, which requires treatment for about 16 weeks, to the victim E (the 14 years of age, women) who was on the same urba, for the number of days of treatment to the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to certificates of medical records;

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

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

1. The reason for sentencing of the selective sentencing of a punishment without prison labor is that the defendant reflects his mistake, that there is no record of punishment exceeding the fine, that there is a comprehensive motor vehicle insurance policy, that the victim E is serious, that the degree of injury suffered, and that the sentencing guidelines are not applied as they are, because they fall under the case of concurrent crimes recommended on the injury of traffic accidents.

The basic area(the injury caused by a traffic accident)(from April to October) shall be the basic area(the injury caused by a traffic accident),

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