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(영문) 청주지방법원 2018.11.01 2018고단1233
교통사고처리특례법위반(치상)
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Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment 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 BP car.

On May 6, 2018, the Defendant driven the above car at around 12:25 on May 6, 2018, and led to the driving of the above car in front of 2 third-distance road per 192-4 Cheongju-ri, Cheongju-ri, Cheongju-ri, to a private distance range.

Since there is a center line of yellow solid lines, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly drive the motor vehicle in the front line and safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and got the front portion of the driving seat of the victim C(59) driving car in the D S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Ultimately, the Defendant suffered from the victim C in the above occupational negligence the injury of brain in need of approximately two weeks to the victim E (the victim 59 years old) of the victim's driver's car to the victim E (the 59 years old) for about six weeks of medical treatment, and the scopical scopher in need of approximately two weeks of medical treatment to the above passenger F (33 years old) of the car, and the copical scopher in need of approximately two weeks of medical treatment to the above passenger G (the 34 years old), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crime against victim E with the largest penalty);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is recognized and wrong, the primary offender is the primary offender, and the vehicle is covered by the comprehensive automobile insurance.

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