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(영문) 수원지방법원 평택지원 2015.04.24 2015고단288
교통사고처리특례법위반
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 who is engaged in driving a Brenren car.

On February 10, 2015, the Defendant driven the above vehicle on February 19, 2015, while driving the two-lane road in Pyeongtaek-si C in the direction of the shot apartment distance from the sloping apartment, and driving the two-lane road in front of Pyeongtaek-si C, and getting a U-turn.

Since there is a center line of yellow solid lines, there was a duty of care for those engaged in driving service to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected this and got the front part of the Defendant’s vehicle in front of the front part of the victim E (the 44-year-old driver) driving, which was normally going on the opposite lane due to the negligence of the U.S. on the center.

After all, the Defendant suffered approximately 12 weeks of kneeeing in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. On-site photographs;

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

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

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (including persons who have been specially mitigated) of the type 1 of the general traffic accident (including persons who have been specially mitigated) / Where illegality is serious (including efforts to recover damage) under the proviso of Article 3(2) of the Special School Act / [Determination of sentence] The fact that the defendant has suffered relatively serious injury to the victim due to negligence of the central line, which is disadvantageous to the defendant, or is unfavorable to the defendant, the confession of the defendant and his mistake against the defendant, the fact that the vehicle of the defendant was covered by the comprehensive insurance, the fact that the defendant's vehicle was covered by the comprehensive insurance, the fact that the first offender agreed with the victim, the defendant's age, character and behavior, and family environment, etc. are considered.

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