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(영문) 광주지방법원 2019.01.08 2018고단4344
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 who is engaged in driving a car by borrowing B.

On October 3, 2018, the Defendant driven the said car on October 12:18, 2018, and led to the road front of the Jeonsung-gun, Hongsung-gun, to the direction of the direction from the red ginseng distance.

Since there is a center line of yellow solid lines, there was a duty of care to not proceed to the opposite direction beyond the center line to the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and got off the front part of the E-Baa car driven by the victim D (the age of 26) who was driven by the opposite vehicle due to the negligence going beyond the median line, and received the front part of the car.

After all, the Defendant suffered, by the above occupational negligence, the injury to the victim D, such as the withdrawal of the right-hand cooperative and the opening of the cooperative, which requires approximately two weeks of medical treatment, and the injury to the victim FF (the age of 49) who was accompanied by the No. 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Bluebbbbling and video-faculing places;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

(a) Unfavorable conditions: The occurrence of considerable injury to two victims of the instant traffic accident caused by the median line;

B. favorable conditions: the fact that the defendant recognized the crime of this case and reflects his mistake; that the damage compensation is guaranteed to some extent due to the purchase of a comprehensive insurance policy; that the victims have agreed with the victims; and that there is no penalty force exceeding the fine.

(c)the age of the defendant;

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