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(영문) 수원지방법원 여주지원 2015.03.30 2015고단69
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 who is engaged in driving a low-speed car.

On December 27, 2014, at around 19:30 on December 27, 2014, the Defendant continued to proceed with the national highways No. 6 of the 2nd Round Round, which was located in the Gyeonggi Tyeong-gun, one-lane.

The above place is where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to observe the center line, thoroughly perform the duty of booming and driving, and accurately manipulate the steering direction and operating brakes to prevent accidents.

Nevertheless, due to the negligence that the Defendant got ahead of a prior vehicle and entered the median line into the opposite lane on the ground that he was negligent, the Defendant shocked the part of the victim C(62 years old) driving in the opposite opposite lane with the front part of the Defendant’s driver’s vehicle, resulting in the injury to the above victim, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, photographic materials, and report on the occurrence of a traffic accident;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. A case involving the occurrence of serious injury to the victim by taking advantage of the vehicle driven along the opposite lane due to the negligence of driving the central line of the reasons for sentencing under Article 62(1) of the Criminal Act, and the nature of the crime is not minor;

However, the punishment was determined in consideration of the fact that the defendant agreed with the victim.

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