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(영문) 수원지방법원 안산지원 2018.11.13 2018고단2899
교통사고처리특례법위반(치상)
Text

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

except that the execution of a sentence shall be suspended for a period of 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 car.

On July 9, 2018, the defendant driving the above vehicle on July 17:40, 2018, and is a member of Ansan-si.

C. The road in front of the LABD shall turn to the left from D to the original city.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, the Defendant, by the negligence of the central line and left left, shocked the front part of the Victim E (25) driving, which is going to left from the right side of the course of the Defendant, with the front part of the Defendant’s car driving, into the front part of this right side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as the launcing of the closed laune which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Ctv video sct sct sctv images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. In full view of the reasons for sentencing under Article 62(1) of the Criminal Act, the occurrence of an accident occurred while driving in the central line with only one’s own convenience, and there is a need for a relatively strict punishment for the injury of the victim.

Provided, That in agreement with the victim, the victim does not want the punishment, and there is no record of the crime except the punishment of a fine due to the violation of the Road Traffic Act around 2005, and the punishment as ordered shall be determined in consideration of the reflective circumstances of the defendant.

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