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(영문) 의정부지방법원 2014.12.02 2014고단3385
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 18, 2014, the defendant driving a Crenk car at around 21:20 on June 18, 2014, and proceeded ahead of the road to the intersection of the private distance in D at Yangyang-si.

Since there is a place where the center line of the yellow-ray is installed, there was a duty of care for the driver of the motor vehicle to observe the car line and drive the motor vehicle safely.

However, without neglecting the above duty of care, the Defendant got out of the front side of the victim G (35 years of age) where he stopped on the ground surface the left side of the faltob in the upper line of the right-hand left-hand, facing the faltob by over the center line, and by the negligence of entering the road, without neglecting the above duty of care.

The Defendant suffered approximately 12 weeks of pulverization of a guard flaver to the left-hand side in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident reports, accident-related site photographs, accident-related photographs, investigation reports, and investigation reports (report on the analysis of black stay images);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the grounds of [decision of type] of general traffic accident [decision of the recommended area] The basic area [decision of the recommended area] from April to October [the scope of recommendation] - In case of mitigation element: motor vehicle comprehensive insurance, serious reflectness, and no record of criminal punishment - In case of serious injury not serious injury: Central Line intrusion [whether or not to suspend execution] - there are no records of criminal punishment (major), social relation clear, serious reflectness, automobile comprehensive insurance (general) - Reasons for adverse consideration: Central Line collision [decision of sentence].

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