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(영문) 청주지방법원 2013.12.20 2013고단1281
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 liquid sports vehicle.

On June 29, 2013, the Defendant driven the above vehicle on June 29, 2013, and proceeded to turn to the left at a speed of about 20 kilometers per hour according to the speed of about 10 kilometers from the emergency room to the tin-ri gate.

Since a place is a road where a central line is installed, a person engaged in driving a motor vehicle has a duty of care to live well on the front side and the left side, to accurately operate steering and operating the steering system, and to safely drive the motor vehicle along the designated lane.

Nevertheless, the defendant neglected this and caused the victim's front wheel part of the bicycle wheeler part of the victim D (n,e.g., 76 years of age) coming from the negligence of driving beyond the central line, and caused the victim to go beyond the victim's surface due to the shock.

Ultimately, the Defendant caused the above victim to suffer approximately 12 weeks of medical treatment due to the above occupational negligence, and caused the above victim to suffer from a brush in the left-hand skes of the Kim Jong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs on accident site, and medical certificates;

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. The punishment as ordered shall be determined by taking into account the favorable circumstances such as the confession of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has committed a crime, the vehicle is covered by a comprehensive insurance, the fact that there is no record of punishment for the same kind of crime, and the content of damage caused by the instant traffic accident, the fact that it is not agreed with the victim, and other unfavorable circumstances, such as the age, character and conduct, environment, circumstances of the crime, and the circumstances after the crime

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