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(영문) 수원지방법원 여주지원 2018.11.21 2018고단891
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of B-II cargo vehicles.

On July 31, 2018, the Defendant driven the above cargo vehicle around 13:30, and led to the flow of the road in front of the Gyeonggi Pyeong-gun C, one-lane from the tin bank to the two-school gate.

Since there is a center line of yellow solid lines, in such a case, there was a duty of care to accurately operate steering gear and brake system and to safely operate it to those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to operate the steering gear by wrong operation of the steering gear, which led to the collision of the central line from the opposite lane to the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic of the traffic.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as cutting down the upper right spelle, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. On-site map and on-site photograph;

1. Bluice stuffs images;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: One month to five years without prison labor;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the basic area (from April to one year) of the type of general traffic accident (the person causing a traffic accident) (the person causing a special sentencing).

3. In that the Defendant, who was sentenced, commits a traffic accident by breaking the central line, the degree of negligence is serious, and the consequences of damage resulting therefrom are not less exceptionally.

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