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(영문) 수원지방법원 2018.06.14 2018고단708
교통사고처리특례법위반(치상)
Text

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 of a DNA-learning car.

On January 21, 2018, the Defendant driven the above car at around 21:24, and proceeded with the road of the second wheel line in the underground road of February 1934, which was located in the right line at the time of Suwon, from the right line, to the bank room at the right line of the road of February, 2018.

In this case, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle by observing the lane without breaking the center line, because he/she was a yellow solid line and a road with the center line installed.

Nevertheless, the Defendant: (a) was negligent in driving the road over the median line along the opposite lane and driving it over the opposite lane; and (b) was driven by the victim E(44) driving the said road on the right-side side of the air-line off at the front section of the car driven by the Defendant, with the front part of the car driven by the Defendant.

As a result, the Defendant suffered, by the above occupational negligence, the victim E suffers a pelvis in the left-hand bar in need of approximately five weeks of medical treatment, and the victim G (V, 12 years of age) who was on board the above damaged vehicle from approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a photograph;

1. Blue boxes and video CDs;

1. Investigation report (to hear statements from victims Eline);

1. Application of Acts and subordinate statutes of each written diagnosis;

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 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 of Article 62-2 of the Criminal Act [the scope of recommending punishment] General Traffic Accidents No. 1 (Bodily Injury by Traffic Accidents): Special mitigation factors in the basic area ( April to one year): the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Non-Aggravated Punishment (Article 3(8).

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