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(영문) 서울북부지방법원 2019.02.19 2018고단3526
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2014, around 11:00, the Defendant was driving a BMW320 car (vehicle registration number B) on D1 expressway in the jurisdiction of the Republic of Czelelec, and was moving by right to the rest area of an expressway located on the right side in the direction of Pra, while driving at a d1 expressway (vehicle registration number B).

At the same time, there was a ice area on the side of an expressway or on the boundary of a road, and the surface passed by a vehicle was also milched. In such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and entered the ice iceway along the road boundary by failing to make a right-hand turn in a timely manner, and ice ice ices (vehicle registration number C) parked on the left side of the road, which led to the front part of the above BMW vehicle driven by the Defendant.

In the end, the Defendant suffered serious injury, such as double paralysis, flasing, and flasing blood species on the left side, due to the victim D (n, 22 years of age) who was on the part of the above occupational negligence, from the real name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis;

1. Certificate of the disabled;

1. Application of Acts and subordinate statutes to data sent to the Supreme Prosecutors' Office;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor concerning the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The ground for sentencing under Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(1) (Article 62 of the Act on the Suspension of Execution) where the area of aggravation (Article 8-2) (Article 8(1) (Article 6

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