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(영문) 서울북부지방법원 2013.04.25 2013고단352
교통사고처리특례법위반
Text

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

However, 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

The defendant is a person who is engaged in driving a B-Wood vehicle.

Around 08:40 on December 16, 2012, the Defendant driven the said car, leading to a road in front of the GSS station located in the Seongbuk-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the front of the said road from the Yong-gu, Chungcheongnam-do.

At the time, the road surface was iceed, and there was a center line of yellow solid lines. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and safely operate the motor vehicle line.

Nevertheless, the Defendant neglected this and found the victim C (the age of 41) driver's car in the opposite direction and carried out the operation measures at a late time, but the above victim's driver's car was flicked from the surface, and the central line was flicked by the negligence that the victim's driver's driver's car was flicked and flicked, and received the part of the victim's driver's car in front of the victim's car in the right side of the Aburg.

As a result, the Defendant suffered injury to the above victim C by the above occupational negligence during about 3 weeks of medical treatment, such as the right sleep, etc., and suffered injury to the victim E (here, 20 years of age) who was accompanied by the Defendant’s passenger car operation head, for about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. All on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The degree of injury under Article 62-2 of the Criminal Act and the degree of illegality of traffic offenses is serious, but the initial crime and the mistake are depth.

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