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(영문) 청주지방법원 2016.11.24 2016고단1485
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 13:55 on July 9, 2016, the Defendant, who is engaged in driving DJ vehicles, was driving the said vehicle, driven the said vehicle in front of the Fvalescent Hospital E in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and got a U-turn to proceed to the opposite line.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to make an internship at the permissible point of internship.

Nevertheless, the Defendant neglected such duty of care as above, and went on the opposite lane due to the negligence of her sniffing the central line and her snife the front part of the G Enb, which was driven in the opposite lane, was shocked by the front part of the above Anbur XD vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as a horse-to-proculing and a prop-to-proculing transfusion, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement prepared by H;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal

1. Selection of alternative imprisonment without prison labor;

1. The sentencing criteria of the Sentencing Commission set forth in the sentencing guidelines of the Supreme Court in consideration of the following factors: (a) the reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation; (b) the degree of illegality of Defendant’s negligence; (c) serious injury; (d) the injured party and the injured party; (c) the subscription to liability insurance; and (d) the reflectivity; and (e) the scope of the recommended sentence under the sentencing guidelines of the Sentencing Commission shall be set forth in the order within the basic

However, even though the defendant has not yet reached an agreement with the victim, it is difficult for the defendant to be in a state of health due to strokey afterma.

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