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(영문) 대구지방법원 영덕지원 2016.08.10 2016고단104
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 CM5 vehicle.

On April 16, 2016, the Defendant driven the above car on April 10, 2016, and led to the course of the front line of the E, which is located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-do, to the direction of the Gangseo-ri from the right side of the Geum-ri.

At this point, there was a center line of the yellow domin line, so there was a duty of care to thoroughly operate the vehicle in front and safely to prevent the accident by safely operating the vehicle.

Nevertheless, the Defendant neglected to do so and got off the center line in front of the said car by driving the Victim F(61) drive, which was going on the opposite lane due to the negligence of the U.S. on the other hand, on the left side of the said car.

As a result, the Defendant suffered injury to the victim in the above occupational negligence, i.e., the right upper frame, which requires approximately 12 weeks medical treatment.

Summary of Evidence

The defendant's legal statement F reports the occurrence of a traffic accident in the police statement protocol against F, investigation report on the actual situation, map on the scene of the accident, six on-site photographs, borrowed inquiry (Ma1), the original report of automobile insurance coverage (including the case of receipt of a medical certificate), the relevant legal provisions concerning the criminal facts covered by the statutes, Article 3 (1) and proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 62 (1) of the Act on the Suspension of Execution of Sentence 2 of Article 268 of the Criminal Act, Article 62-2 of the Social Service Order Criminal Act / [type determination] The reason for sentencing under Article 62-2 of the Act on the Suspension of Execution of Sentence 62-2 of the Criminal Act / [the person causing a traffic accident] there is no further element for mitigation in the basic area [the recommended area and sentence] [the defendant's judgment of imprisonment without prison labor for April or one year] of the victim.

The fact that there is no agreement with the victim is also disadvantageous.

However, the defendant.

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