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(영문) 춘천지방법원 강릉지원 2013.06.19 2013고단173
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2012, at around 23:00, the Defendant driven B B Poter Pobbbb flosts, and led to the passage of the front of the Jung-si Port of Gangseo-gu, Gangseo-gu, Gangwon-do, to the Gangwon-do University at an indefinite speed from the front side of the order terminal.

At all times, there was a center line and a center separation control line installed on the south side of a new bridge, so the person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected this and got the front part of the victim C(28 years old) driving on the opposite line due to the negligence of breaking the center line to go beyond the street by taking the front part of the Defendant’s vehicle as the front part of the vehicle.

As a result, the Defendant suffered 16 weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, each traffic accident report, on-site photographs, each medical certificate, investigation report (victim C telephone communications);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the error and that the defendant made a smooth agreement with the victim);

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