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(영문) 청주지방법원 2016.01.28 2015고단1914
교통사고처리특례법위반
Text

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

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.

Reasons

Punishment of the crime

On July 19, 2015, the Defendant: (a) driven a motor engine B bicycle as of July 22:30, 2015; (b) left the three-lanes in front of the D oil station in Young-gu, U.S., U.S., along the three-lanes from the long distance to the Korean hospital; and (c) was in the middle line of the yellow-ray, and the Defendant was in charge of driving service. Since there is a place where the yellow-ray central line is installed, a person who is in charge of driving service has a duty of care to make an internship at the permissible point of U.S.; (d) neglected the central line and caused the injury of the victim E (the 19-year old) who was driven by the Defendant to the opposite part of the motor device bicycle driven by the Defendant to the other part of the motor device bicycle driven by the Defendant (the 19-year old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. Application of the Act and subordinate statutes governing the actual condition survey report, estimates, medical certificates, sites, and vehicle photographs;

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

1. Selection of a sentence of selective imprisonment without prison labor (the negligence of the central line is not less than that against which the victim suffered unexpected injury, etc. due to such negligence);

1. Article 62 (1) of the Criminal Act (the fact that a mistake is pened, the first offender is a first offender, the fact that relief measures have been taken immediately after an accident, the defendant's erroneous soil is covered by mandatory insurance, and two million won has been deposited to recover damage after the closure of pleadings);

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