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(영문) 광주지방법원 2015.03.05 2014고단4941
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 October 11, 2014, the Defendant was a person who is engaged in driving B Launa car, and was driving the said car around 17:50 on October 17, 2014, driving the said car, and driving the four-lane road in front of the “D Hospital” located in Gwangju North-gu C along the one-lane distance from the distance from the library distance, driving the four-lane road along the front of the “D Hospital” in Gwangju North-gu.

Since there is a road where the center line of yellow solid lines is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by making the center line not to be invaded, but to prevent accidents.

Nevertheless, the Defendant neglected this and got off the center line along the two-lane due to the negligence of the U.S., and was driven by the injured Party E (Nam, 43 years old) with the left side of the Frantob, which is driven by the injured Party E (Seoul, 43 years old).

As a result, the Defendant suffered injury to the victim, such as the “freshing of the fresh in water supply,” which requires approximately 10 weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. E statements;

1. The initial and actual survey report on traffic accidents;

1. A medical certificate;

1. Application of the statutes governing traffic accident-related photographs;

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

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

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2(1) of the Criminal Code of the Probation and Social Service Order was committed by the Defendant, due to shocking the central line, resulting in the Defendant’s injury requiring medical treatment for 10 weeks, and the Defendant’s negligence is not significant.

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