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(영문) 대전지방법원 서산지원 2013.07.19 2013고단300
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the operation of Bunst Motor Vehicle.

On February 1, 2013, at around 10:40, the Defendant was driving the said car on the front side of the regional restaurant located in the Yongsan-si, Yongsan-si, and the front side of the instant vehicle was driven from the front side to the Seosan-do.

Since there is a place where the center line of yellow solid lines is installed, the driver has a duty of care to accurately manipulate the steering gear to keep the steering gear and to prevent accidents in advance by driving the center right side of the center line.

Nevertheless, the Defendant neglected this and strokeed the front part of the D-wing vehicle driven by the victim C (the aged 38) who was under normal progress from the stroke of the said road due to the negligence of strokeing the center line by neglecting it, and caused the front part of the vehicle driven by the Defendant.

As a result, the defendant suffered injury, such as the left-down flaverization of the opening flaver, which requires about 16 weeks of treatment, by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, traffic accident report (1), (2), and evidence and photograph of the traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., reasons for sentencing) [the scope of sentencing] of imprisonment without prison labor for not more than five years [the scope of sentencing] of traffic crimes, general traffic accidents, type 1 (the injury resulting from traffic accidents)] of mitigation element: [the scope of recommending punishment] of mitigation range, reduction range of imprisonment without prison labor for not more than six months [the general person] of mitigation element: purchase of comprehensive motor vehicle insurance, serious reflectness, absence of criminal punishment - With respect to aggravation factors: the occurrence of serious injury which is not a serious injury (the total 16 weeks) and other cases falling under the proviso of Article 3(2) of the Specialized School Act (the central violation).

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