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(영문) 수원지방법원 2019.10.31 2019고단3421
교통사고처리특례법위반(치상)
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 engaging in driving a rocketing car.

On March 27, 2019, the Defendant operated the said car on March 27, 2019, and continued to drive the said car on a one-laned road in front of the “D” restaurant in the wife population C, which is located in G, from E-sections.

At the time, there is a road where the center line of the yellow-ray is installed at night and at that time, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly see the front-time situation so as not to conflict with the motor vehicle that is driven on the opposite line, and to safely drive the motor vehicle in compliance with the opposite line.

Nevertheless, the Defendant neglected this and neglected to enter the above “D” on the left side of the running direction of the Defendant, and neglected to turn back to the left, and did not avoid G CB15 Orala, which is driven by the victim FF (Nam, 18 years old), driving on the opposite side of the said road from the high-side side of the road to E-sections, and had the above Oralacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacaca with the left side part of the said vehicle.

As a result, the Defendant suffered injury, such as an injury to a victim due to the above occupational negligence, on the part of the victim, who did not have two or more wifes in need of open medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement;

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

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's negligence is very large in the occurrence of the instant accident, the victim's injury is serious, and the defendant has been punished twice due to drinking driving.

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