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(영문) 수원지방법원 성남지원 2019.10.30 2019고단1767
교통사고처리특례법위반(치상)
Text

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

except that 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 July 8, 2019, the Defendant driven the said car at around 15:40 on July 15, 2019, and proceeded with the first road of Gwangju City C and the front Do in the direction of a labing intersection at the front line of the lab box, and came to turn to the left in order to turn to D located on the left side of the proceeding direction.

Since there is a place where the center line of the yellow-ray is installed, a person engaged in driving of a motor vehicle shall not turn to the left, and there was a duty of care to prevent accidents in advance by operating the steering system and operating the steering system.

Nevertheless, the Defendant neglected to do so and led to the left-hand turn at the center line, and followed the front part of the F CB15 motorcycle driven by the victim E (the age of 55) who was fB15, who was under the influence of the Defendant, with the right-hand right-hand part of the FB15 motorcycle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim by the above negligence, such as the removal of body body from the right line, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Statement hearing reports by traffic accident victims;

1. 벙범용CCTV영상 켭처사진, 현장조사사진

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. The fact that the negligence of the defendant in the decision of sentencing and the degree of injury of the victim are not negligible is disadvantageous.

except that it is an initial offender;

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