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(영문) 청주지방법원 2016.07.21 2016고단376
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 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 Obaba in C.

On December 8, 2015, the Defendant driven the off-line 20:30 on the 20:0 on the 20:30 on the 20th day of December, 2015, and proceeded along the intersection of 37:3-lanes in front of the Sinpon-si Library in the Manpon-si Seoul Special Metropolitan City.

At all times, there was a duty of care to proceed to a person engaged in driving of a motor vehicle according to good faith, where signal, etc. is installed.

Nevertheless, the Defendant neglected this and caused the Defendant to drive the Defendant’s bicycle left side of the Defendant’s driving of the victim D (the 62-year old-age 62 years old-age 62 years old-age 62 years old-age 62 years old-age 62 years old-age 8 years old-age 60

After all, the Defendant suffered from the above occupational negligence on the part of the victim E (the 17 years old) the injury of the dives open to the dives of the bridge, which requires approximately 16 weeks of medical treatment, and the injury of the dives of the left-hand dives in need of approximately 2 weeks of medical treatment to the victim E (the 17 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of D and E;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend a lecture [the scope of recommended punishment] The basic area (4 months to 10 months) of the first type of traffic accident (the injury caused by traffic accidents) [no person subject to special sentencing] [Pronouncement] [Determination] that the defendant has violated the signal, and that the defendant has committed a heavy violation of the signal, and that the result of injury inflicted on the victim D, and the victim has committed some errors on the part of the defendant boarding a bicycle and driving the crosswalk.

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