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(영문) 청주지방법원 2016.08.05 2016고단1222
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.However, the execution of the above 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 the operation of a rocketing car.

On January 23, 2016, around 10:45, the Defendant came to turn to the left at the right angle from the surface of the main shooting distance to the nearest of the fourth-lane of the petition rate of the Gu at the time of the Chungcheongbuk-do.

At all times, there was a duty of care to safely operate the vehicle to the person engaged in driving on a road with signal, etc.

Nevertheless, the Defendant received the front part of the victim D (W, 37 37 Does) driving in the direction of the right side of the Defendant’s car in front of the Defendant’s car, which is moving from the front side of the front line in accordance with the new code by negligence of the left turn to the front line.

Ultimately, the Defendant suffered injury to the Victim F (3) who was aboard the damaged vehicle due to the above occupational negligence, while causing illness, such as paralysis and respiratory part, etc. due to the damage of water that requires treatment for at least one year. The Defendant suffered injury to the Victim F (3) such as decrease in recognition function where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a fact-finding survey report, an accident site photograph, and an accident CD image;

1. Application of Acts and subordinate statutes to each medical certificate, commission letter, reply letter, investigation report (verification of victim status);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] In the case where a serious injury has occurred (including a person who has been specially mitigated) in the basic area (4-1 year) (including a person who has been specially mitigated) / In the case of serious injury, (1) the sentence is below [the sentence].

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