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(영문) 청주지방법원 2018.10.18 2018고단930
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:50 on March 17, 2018, the Defendant driven a sports cargo vehicle with B X-ray, and led to the flow of the road in front of the Chungcheong-gun C in the U.S. from the U.S. to the Cheongcheon-do from the U.S. side.

Since the above roads are installed along the center line of yellow solid lines and are divided into two lanes, the defendant who was engaged in driving service had a duty of care to operate in a safe way by properly manipulating the steering direction and brake system according to the driving direction of the lane.

Nevertheless, the Defendant neglected this and proceeded with the median line while coming into operation in accordance with the direction of the opposite lane from the opposite direction to the opposite lane, and received the front portion of the opposite part of the Egyn vehicle in the Ireland driving D (48 S).

Defendant 1 suffered from injury to the victim D, such as a felbation of a tool that requires approximately 12 weeks of medical treatment due to such occupational negligence, and at the same time, Defendant 2 suffered injury to the victim F (F, who was a passenger of the Grand River in the Grand River, approximately 47 years of age) for about 4 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of D;

1. The criminal place;

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

1. An accident scene photograph;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 punishment: Selection of imprisonment without prison labor;

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

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act does not constitute a crime of serious injury to the victims due to the negligence committed by the central line over the grounds for sentencing of Article 62-2 of the Social Service Order Act. It does not agree. Recognizing o’s wrong recognition and reflects. There is no criminal history against the Defendant. o and other criminal sentencing conditions under Article 51 of the Criminal Act, comprehensively taking into account the sentencing conditions of Article 51

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