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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단2127
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On February 8, 2018, the Defendant, at around 08:20, proceeded with the front road C in the two intersections of the two intersections, along the two lanes of the four sides.

Since there is a road where the traffic of vehicles is frequent, there was a duty of care to prevent accidents in advance by putting the Defendant engaged in driving of the motor vehicle on a front door and accurately manipulating the steering gear and brakes according to the traffic situation of the location.

Nevertheless, the Defendant neglected this and got the front portion of the Fpoter Cargo in the victim E(59) that was going along the lane on the opposite side by the negligence going beyond the median line as it was, and received the front portion of the Defendant’s car.

As a result, the Defendant caused the victim to suffer damage to the scale of light water, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. On-site photographs and CDs (scambling images);

1. Investigation report (E telephone conversations) and application of each medical certificate to Acts and subordinate statutes;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [the scope of recommendation] The basic area (including a person who has been specially mitigated or reduced) (including a person who has made serious efforts to recover damage) / In the event of serious injury, the decision of sentence is significant in the course of the defendant's occupational negligence by breaking the central line of one year suspended sentence in the month of imprisonment without prison labor for six months.

The degree of injury suffered by the victim is also very serious.

However, the defendant reflects his wrongness.

It has been agreed with the victim smoothly, and accordingly.

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