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의정부지방법원 2017.07.11 2017고단655
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 cuss car in B.

On November 8, 2016, the Defendant driving the above car at around 10:57, and driving the car at around 10:57, and driving the road prior to C at the two weeks of the game, toward the right side of the luminous side.

Since the place has a center line of yellow solid lines, in such a case, there was a duty of care to ensure that a person engaged in driving a motor vehicle is well aware of the front line and safely drive the center line to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and proceeded along the center line of the yellow-ray, and the victim D ( South, 68 years old) who is driving along one-lane, and conflict with the left side of the E-ray driven by the Defendant’s vehicle on the left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim from an occupational negligence, which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and photographs on the face of an accident;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General traffic accidents in consideration of the mitigation area (one month to eight months) [the person subject to special mitigation] of punishment not (including efforts to recover damage), the degree of injury to the victim (the decision of sentence] of the victim, reflectivity, agreement, and the absence of criminal records of the same kind, etc.