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(영문) 청주지방법원 2016.04.15 2015고단1911
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CSP car.

On October 24, 2015, the Defendant driven the above car at a speed of 13:30 on the Cheongju-si, and led to a three-lane of “E” photographed “E” photographed in the Cheongwon-gu, Seocho-gu, Cheongju-si, one-lane, in front of the three-lane of “E” photographed at a speed of speed from the bridge to the frist distance on the west.

Since there is a center line of yellow de facto lines and a intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely internshiping according to traffic signals in the section where the U.S. is permitted.

Nevertheless, the Defendant neglected this and caused the damage to the victim F. GSX1300 R driving on the opposite lane due to the negligence of going on the opposite lane beyond the center line of yellow solid lines where the U.S. is not allowed, and caused the damage to the victim due to the collision with the Defendant’s front part of the GSX1300 R R driving on the opposite lane.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a flaging the left-hand flag, which requires approximately 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Photographs, such as a traffic accident report, a yellow survey report, and an accident vehicle, and a video CD;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 2 of the Act, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act [the grounds for sentencing under Article 62-2] The basic area (4-10 months to 10 months) (including special mitigation (aggravating)] / Non-Punishment (including serious efforts to recover damage) / The proviso of Article 3(2) of the Act on Special Cases concerning School Traffic.

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