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(영문) 의정부지방법원 고양지원 2014.07.17 2014고단521
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person who is engaged in the operation of Lone Star Co., Ltd.

On February 11, 2014, at around 17:10, the Defendant driven the above van, and came to drive from the luminous side, the road of the one-lane Do in front of the house of the Buk-gu 282-13, Goyang-gu, Goyang-gu, Goyang-si, the two-lane Do.

Since the location is a place where the center line of yellow solid lines is installed as a road to prevent a ice-fluoring state, there was a duty of care to prevent accidents by avoiding rapid operation measures by avoiding speed in advance, and preventing motor vehicles from getting off on the ice-fluoring path.

Nevertheless, the Defendant neglected this and proceeded at a speed of 30 km, which is a restricted speed, without neglecting it, and turned down on the iceway, and was left off on the opposite lane due to the negligence of scambling the central line, and received the front portion of the car in front of the passenger car prior to the victim C(39 years old) who was frighted on the opposite lane.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand body 3, 4, and 5 double-water extractions, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's accident explanatory note;

1. The actual condition of traffic accidents;

1. Accident vehicles and on-site photographs;

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 and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considerations, etc. favorable to the defendant among the reasons for the suspension of execution);

1. The basic area ( April to October) of the first category of traffic accident (the injury caused by traffic accident) is that the defendant invadeds the central line, resulting in the occurrence of the accident in this case, under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on Probation, etc.

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