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(영문) 청주지방법원 2016.07.05 2015고단2088
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for five 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 engaged in driving a C truck.

On October 8, 2015, the Defendant, around 16:22, operated a three-distance intersection in front of the entrance of the jungu, U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. P. S. S. S. P.S., both of which are in the intersection, along the one-lanes of the two-lanes, from

At this point, the intersection where the center line of yellow solid lines is installed is the zone subject to prohibition of passing ahead, and the defendant found that the light period driven by the victim D(69 tax) is driving ahead of the speed.

In such cases, the driver has a duty of care to keep the lane well for the driver, and the driver has a duty of care to safely drive the vehicle with the same situation and prevent the accident by safely driving it.

Nevertheless, in order for the Defendant to overtake and turn to the left without neglecting his/her care, the Defendant left the horse above the center line at the above three-distance intersection and left to the left at the two sides of the road by negligence, and received the left part of the left part of the cargo truck as the left part of the above cargo truck where the Defendant tried to turn to the left to the same side by maintaining the line at the above three-distance intersection at the above three-distance intersection.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the foregoing occupational negligence before the left-hand side in need of approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions;

1. All on-site photographs;

1. Written statements of D;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures [the scope of recommended punishment] The basic area (4 months to 10 months) (the person who is subject to special sentencing] (the decision that there is no person subject to special sentencing].

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