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(영문) 청주지방법원 2013.04.04 2012고단2481
교통사고처리특례법위반
Text

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

However, 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 engaged in driving a car in B SP area.

On August 21, 2012, the Defendant driven the above vehicle on August 21, 2012, and driven the two-lane road in front of the Cheongju-dong, Seomun-gu, U.S., Seo-gu, U.S., Seo-gu, U.S., to the direction of the south of the Triju-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering room, steering gear, and brakes.

Nevertheless, the defendant neglected to do so and neglected to do so, and he also neglects to do so.

The victim C (n, 41 years old) who enters the right side of the Defendant's vehicle into the vehicular road was found late, was blicked to the left side, and was blicked to the left side, but the vehicle was blick to the right side of the Defendant's vehicle.

The Defendant caused cerebrovascular damage to the victim C due to the foregoing occupational negligence, and the Defendant suffered from an incurable or incurable disease in a state where the victim C was suffering from a cerebral cerebralopa, a ductal disorder, a recognition and functional disorder, or a mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A medical certificate or reply;

1. Application of Acts and subordinate statutes to photographs of each accident site;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing prescribed in Article 51 of the Criminal Act are all the following: (a) the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, which resulted in the occurrence of a serious result, and the victim did not reach an agreement with the victim; (b) the Defendant subscribed to a primary and comprehensive insurance; (c) the Defendant was against himself/herself; (d) deposited KRW 2,00,000 for the victim; and (e) the victim appears to have been negligent in the occurrence of traffic accidents.

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