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(영문) 의정부지방법원 고양지원 2019.01.31 2018고단2943
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 who is engaged in driving of B-Epurt Motor Vehicle.

On September 8, 2018, the Defendant driven the above vehicle at a speed of 06:25 on September 8, 2018, and proceeded to the high speed from the direction of the parallel to the high speed of the second line of the ridged 736-12, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to prevent accidents by complying with the wheel line and operating the steering gear and operating the steering system accurately.

Nevertheless, the defendant neglected to operate the center line due to the negligence of running the center line, and led the victim C (Nam, 60 years old)'s driving in the opposite direction, which led to the left side of the motor vehicle of the victim C (Seoul, 60 years old).

Ultimately, the Defendant suffered from the injury of the victim, such as the mouth and the closure of a string that requires approximately 16 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Investigation report (related to contact with the excursion ship of the victim);

1. Application of Acts and subordinate statutes of a medical certificate or written confirmation of operation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (Aggravated Punishment) (Aggravated Mitigation in April to 1): A person subject to mitigation of punishment (including a person subject to special mitigation): A person subject to non-prosecution of punishment (including efforts to recover from damage): A person subject to serious injury) [Article 62(1) of the Criminal Act (Article 62(1) (Article 1) (Article 4) (Article 62(1)) (Article 62(1)) (Article 62(a) (Article 62(1)) (Article 62(a)) (Article 62(1)) (Article 62(b)) (Article 62(

Defendant acknowledges and reflects crimes.

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