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(영문) 의정부지방법원 2016.10.14 2016고단1521
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 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 D-Wood vehicle.

On October 16, 2015, the defendant operated the above car at around 18:20 on October 16, 2015, and directed the national highways of Gyeonggi-gun E in front of the national highways in the direction of two parallels.

It is a hond road and a place where the center line of the yellow-ray is installed. In such a case, there was a duty of care to safely drive the steering person by properly observing the hond line, driving the steering gear, and accurately manipulating the steering gear and the brakes.

Nevertheless, the Defendant neglected this and took part in the part of the victim F (the age of 68) driving G G G G G G car driving in the middle line, which was driven by the center line due to the negligence of the Defendant, as the front part of the passenger car driving.

Ultimately, the Defendant, by such occupational negligence, sustained the injury to the above victim F, such as the left-hand scoo and alley in need of medical treatment for about 14 weeks, the injury to H(73 years old) who is the passenger of the affected vehicle, such as the light scood scood scood scood scood scoods, etc. on the part of the need for medical treatment for about 14 weeks, and the injury to the same I (72 years old), such as the puld scood scood scoods, etc. on the right-hand scood scood scood scoods

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A statement of I and F;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Each report on investigation;

1. A corpse inspection report and a medical certificate;

1. Application of Acts and subordinate statutes on the site map of traffic accidents and on-site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

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. Reasons for sentencing under Article 62-2 of the Criminal Act.

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