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(영문) 수원지방법원 2015.10.22 2015고단3653
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, at around 09:00, the Defendant driven a B liquid sports vehicle, leading to the direction of the water village in front of the C, leading to about 40 km each hour from the tidal wave, and continued to drive as an opposite lane, the Defendant became a U-turn from the side of the road on the right side of the road in order to proceed as an opposite lane.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to make a U.S. internship at the permissible point of internship.

Nevertheless, the Defendant neglected to do so and instead instead, she was able to receive the front part of the victim D (Nam, 66 years old) driving on the water side, which was frightened by excessively manipulating the steering gear and proceeding toward the water village from the tidal wave beyond the central line, and received the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral injury, which requires approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The execution of imprisonment without prison labor shall be postponed in consideration of the following: the basic area (special mitigation in April to October) of types 1 of general traffic accidents (special mitigation in accordance with special mitigation in accordance with Article 62(1) of the Criminal Act - mitigated: In the event of serious injury (decision of sentencing] - In the event of occurrence of serious injury to the victim due to the instant traffic accident (decision of sentencing), the victim did not want the punishment of the defendant, the vehicle of the defendant is covered by comprehensive insurance, and the fact that there is no domestic criminal history.

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