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(영문) 의정부지방법원 2018.04.06 2017고단4574
교통사고처리특례법위반(치상)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On August 29, 2017, the Defendant driven the above car at around 22:40, and proceeded with the front side of three new shares in front of the 280-ro 280-ro, Jeoncheon-gun, Jeoncheon-gun, Jeoncheon-gun, Jeoncheon-gun, to the front side of the new shares.

Since there is a one-lane center line, in such cases, a person engaged in driving motor vehicles has a duty of care to prevent accidents by passing along the center line to the right side of the center line.

Nevertheless, the Defendant, while neglecting this, conflict with the part of the victim C(47 ) driving car driving ahead of the driver’s seat of the victim C(47 ) with the driver’s vehicle in front of the driver’s seat of the driver’s car in order to overtake the vehicle in front of the vehicle in front.

Defendant 1 suffered injury to the victim E (the chief passenger of the victimized vehicle) including duplicating fage, etc., which requires approximately 6 weeks of medical treatment of the above victim due to the above occupational negligence, and brain supplos, etc., which require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each medical certificate and each additional medical certificate;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Application of the statutes governing traffic accident-related photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with a heavier penalty);

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend the Defendant’s vehicle is shocking the victim’s vehicle, which is proceeding in the opposite place after the Defendant scam in order to overtake the vehicle in the future.

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