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(영문) 전주지방법원 남원지원 2016.02.02 2015고단257
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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, who is engaged in driving a car with the Badra No. B, was driving the car around 12:20 on September 11, 2015, and was driving the car at around 12:20 on September 11, 2015 to proceed with the road of one lane in front of the Da located in the North-west-gun C in the direction of the National Agricultural Cooperative.

At that time, the center line was installed in the yellow real line, so in such a case, the driver had a duty of care to keep the car in good faith and prevent the accident in advance.

Nevertheless, in order to overtake a vehicle stopped on the front side of the defendant's driving direction by neglecting this, the victim E (V, 8 years old) who crosses the road from the left side of the front side of the defendant's vehicle to the right side by neglecting it, and the victim suffered injury, such as approximately 6 weeks of treatment in front of the vehicle of the defendant, which is facing the front side of the vehicle of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident by the F;

1. A medical certificate;

1. The actual investigation report on traffic accidents;

1. Application of statutes on site photographs;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [the type of determination] traffic crimes, general traffic accidents, and type 1 [the person subject to special sentencing] mitigation elements: In case of a reduction element (the person subject to general sentencing] aggravation of punishment (the person subject to general sentencing): In case of serious injury other than an injury, and in case of falling under the proviso to Article 3 (2) of the Act on Special Cases concerning the HU, or in case of falling under the case of the proviso to Article 3 (2) of the Act on Special Cases concerning the HU: Subscription to the comprehensive motor vehicle insurance [the territory

3. The defendant's decision of sentence is the only eight years of age due to the traffic accident in this case.

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