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(영문) 부산지방법원 2016.06.15 2016고단1094
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving a cuss car in D.

On October 17, 2015, the Defendant driven the above car at around 00:54, and turned to the opposite line, while driving the road of about four lanes in front of the F-do located in Geum-gu, Busan at the Pung-gu, Busan along the two-lanes from the Yung-dong, the two-lanes from the Yung-dong, to the two-lanes.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so there was a duty of care to protect the vehicle's driver and operate the automobile safely by keeping the vehicle line at the place where the internship is permitted.

Nevertheless, the Defendant neglected this and caused the front part of the 125CC, which was driven by the victim G (25 tax) who was driven in the opposite tea line due to the negligence of the central line, to have the front side of the passenger car of the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as dubling of dubs and dubing of dubs, which requires treatment for more than one year.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Investigation report (to hear a doctor H's statement by telephone who prepares a diagnosis report);

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: In the case of injury in the area of aggravation (from August to January, 1) (the case of special aggravation) (the case of injury in the area of aggravated punishment).

2. The fact that the defendant, who was sentenced to sentence, committed an illegal internship by breaking the central line, suffered an injury among the victims, and his family members want to be punished by severe punishment against the defendant.

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