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(영문) 수원지방법원 안산지원 2018.10.17 2018고단2626
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B car.

On June 24, 2018, the Defendant driven the above car at around 13:30 on June 24, 2018, and led the front of the Gu C road at Ansan-si, Ansan-si, to go directly in accordance with one-lanes of the three-lanes from the upper gymnasium room at the upper gymnasium.

At the same time, there is a center line of yellow solid lines, so a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so, and caused the negligence of breaking the center line to the left-hand side, and caused the part of the e-line car driven by the victim D while waiting in the signal at one-lane of the e-line, to be the front part of the car driven by the Defendant on the left-hand side of the car driven by the Defendant, and continued to have the above e-line car pushed back into the front part of the car driven by the Defendant, while keeping the said e-line car pushed back to the rear side, and the said e-line part of the Rad car driven by the F which was waiting in the traffic at the rear side was driven by the Defendant on the rear side.

Ultimately, the Defendant suffered injury to the victim D due to the foregoing occupational negligence, such as cryp salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A report on the actual condition of traffic accidents (1) (2);

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the defendant has no criminal records exceeding the same criminal records or fines, the agreement with the victim, the degree of damage, etc.) or more of the Criminal Act;

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