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청주지방법원 충주지원 2015.10.30 2015고단294

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On November 22, 2014, the Defendant driven the above car on November 22, 2011:35, and moved to the right bypassing from the ruptures of the E-owned station located in D at the right time of Chungcheong.

Since there was no signal apparatus, a person who intends to enter a wide road into a narrow road has a duty of care to yield the course to the vehicle, if there is a vehicle that proceeds from a wide road by checking the right and the right of the road.

Nevertheless, the Defendant neglected to do so and, at the time of the negligence of entering the intersection, caused the front part of the GM3 car driven by the F which was driven by the F which was going through as gold-free from the IC room in the Escopic Zone in the Escopic Zone, to see the front part of the GM3 car, and caused the said SM3 car to reconstruct the concrete retaining wall of the newly constructed factory beyond the opposite lane.

Ultimately, the Defendant caused the victim H to suffer serious injury due to the above occupational negligence by causing the victim H to suffer from a serious injury, such as an explacule of a external wound which has no open address for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the report on the occurrence of a traffic accident, the actual condition survey report, each diagnosis certificate, the entrustment and reply, the comprehensive traffic accident analysis report, and the photographic application;

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 is the traffic accident of this case where the victim suffered serious injury, and the nature of the crime is heavy because the defendant did not agree with the victim. However, the defendant's deposit considerable amount of money against the crime, the first offender, and the vehicle aboard the victim was negligent.