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(영문) 청주지방법원 충주지원 2016.09.23 2016고단449
교통사고처리특례법위반
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On April 10, 2016, the Defendant, at around 06:45, proceeded along with a three-lane road in front of the Saemaul Undong, which is located in the 38-lane of the Cheongju City Council, according to a one-lane distance from the 3-lane distance.

In this case, there was a duty of care to prevent accidents in advance by safely driving a vehicle by reducing the speed to a person engaged in driving of the vehicle and driving the vehicle at the right and right well.

Nevertheless, the Defendant neglected this and proceeded as it is, while changing the lane from the three-lanes to the one-lanes from the same direction, and brought the same bicycle to the right side of the said car due to the negligence of finding late the bicycle driving by the victim C (75 ).

Ultimately, the Defendant caused an injury to the victim by occupational negligence, i.e., “an open one wound,” where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs and compilation photographs of black stuffs;

1. A written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims' families);

1. Relevant Article 3 (1) and the proviso to Article 4 (1) 2, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1) and Article 4 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the types] traffic crimes, general traffic accidents, and type 1 (the injury of a traffic accident): Where an injury occurs among the factors of aggravation (the person subject to special sentencing): The mitigated element: In the basic area of punishment not [the scope of decision on the recommended area and the balancing of recommendations], the basic area of punishment not [the scope of sentence of recommendation], the credit cooperative from April to one year;

2. Circumstances unfavorable to the decision of sentence: The defendant committed the instant crime in favor of the fact that the degree of injury to the victim due to the instant traffic accident is serious:

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