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(영문) 수원지방법원 2017.12.12 2017고단4340
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On May 1, 2017, the Defendant: (a) was a person who is engaged in driving CAP car; (b) was driving on May 20:07, 1328 at Suwon-si, D (51 years old) the victim's Ethoba, which was driving in the direction of ethroid in the direction of ethroid distance from the ethbbba, and was driving on the etha of the eight-lane road in the middle of the Sugrh Pung-si, and caused the victim to suffer injury, such as abandonment, open pulverization, which requires approximately twelve weeks medical treatment, in the right side of the CAP car.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report, a yellow survey report, and a vehicle photograph;

1. A criminal investigation report (verification of accident images);

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 (2) 2 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 (amended by Act No. 1014, Mar. 1, 201);

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. The Defendant’s summary of the assertion was negligent by the Defendant, while driving a central line in the middle distance of the 1328-lanes in front of the Suwon-si Port, in the middle of the 1328-lanes in front of the Suwon-si Port, and driving in the territorial view. However, as at the time of the occurrence of the instant traffic accident, there was a possibility that the Defendant could have predicted the occurrence of the instant traffic accident, as long as the victim was proceeding in the opposite direction by signal violations.

It is difficult to see the Defendant’s central crime and the occurrence of the instant traffic accident, and there is no substantial causal relationship between the Defendant’s central crime and the instant

2. The phrase “an act of breaking the center line of a road along which a lane is installed” under Article 3(2) proviso 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents shall take other appropriate measures to avoid obstacles occurring on the lane.

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