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(영문) 대구지방법원 영덕지원 2016.06.24 2016고단74
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 a period of 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 vehicle with C low Pest another car.

On 06:00 on 19. 19. 06:00, the Defendant driven the above car and proceeded at approximately 50-60 km each hour according to the speed of the Defendant, depending on the dead side from the Jinjin-gun to the front side of the road near the Jinjin-gun.

Since there is a road where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to prevent accidents by safely operating the motor vehicle without breaking the center line.

Nevertheless, the Defendant neglected to do so and hered the center line by the negligence of driving the center line, thereby leading the Defendant at the edge of the opposite vehicle line in the Defendant’s proceeding, left-hand body of the victim E (M, 73 years old) who was faced with the Defendant at the edge of the opposite vehicle line in the Defendant’s proceeding. The Defendant got the victim into the left-hand part of the Defendant’s driver’s vehicle, and went beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as an injury to the left-hand body in need of approximately 11 weeks of treatment due to such occupational negligence.

Summary of Evidence

The defendant's legal statement E of the traffic accident report, traffic accident report- the actual investigation report, 5 degrees of accident-related photographs (on-site and vehicle), 12 degrees of vehicle accident-related photographs, 12 degrees of vehicle driver's license ledger (A), proved source of automobile comprehensive insurance, on-site photographs, diagnosis report (speed conversion at the time of the accident by black image) and applicable Acts and subordinate statutes to the criminal facts under the relevant Acts and subordinate statutes, Article 3 (1) and (2) proviso of the Act on Special Cases Concerning the Settlement of Optional Traffic Accidents, Article 268 (1) of the Criminal Act, Article 62-2 of the Act on the Suspension of Execution (the selection of imprisonment with labor), Article 62-1 of the Social Service Order Act / [decision-type] The defendant shall not be sentenced to imprisonment with labor for any traffic accident category / [the basic or mitigated factors] of general traffic accident category / [the scope of imprisonment with labor for any one month or more].

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