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춘천지방법원 영월지원 2015.12.18 2015고단427

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

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


Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheeled vehicle of CL1500C.

On July 10, 2015, the Defendant driven the above two-wheeled vehicle on July 12:05, and led the front of the two-wheeled vehicle D, Gangwon-gun, Gangwon-do, to the right side of the road from the side of Jeju-do.

At the same time, the victim F (the 19-year old) was followed by the ozone layer driven by the center line of yellow solid lines. Therefore, the driver of the motor vehicle had a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as making it clear to those who are engaged in driving the motor vehicle, securing safety distance to avoid the accident if the driver stops the above motorcycle.

Nevertheless, the Defendant neglected this and failed to secure the safety distance, and was negligent in driving the part on the left side of the above Y150C two-wheeled vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the left-hand majority of the non-standing executives in need of treatment for about 85 days due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement among the interrogation protocol of the accused by the prosecution;

1. Application of the actual condition survey report, investigation report, diagnosis report, photographic Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 (Determination of Sentence 4-10) (Determination of Sentence 1) (Determination of Sentence 4-10), the degree of injury of the victim is serious and not covered by comprehensive insurance, and the liability for the crime is unlimited, but liability insurance is covered by liability insurance, there is no particular criminal record, and the defendant's age, character and conduct, intelligence and environment as shown in the argument of this case.