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(영문) 춘천지방법원 2014.07.10 2014고단463
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

Around 20:10 on March 17, 2014, the Defendant driven the said car and driven it at a speed of 75 degrees from the Gyeongcheon-si, Chuncheon-si, and the front side of the Siwon-si, at a speed that would not be known by one way from the right edge of the Guwon-si.

At that time, since the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle in front and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and received the front part of the Daltob, which was driven by the victim C(50 years of age) who was driving in the opposite direction by the negligent negligence of the central line, as the front part of the Daltob, which was driven by the victim C(50).

As a result, the Defendant suffered from the Defendant’s occupational negligence on the part of the victim’s left side satisfaction and the body of the victim who cannot know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, on-site photographs, and on-site survey report;

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

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the sentence under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] of the General Traffic Accidents (the scope of recommendation] and the range of comparative sentencing between the sentences that have no basic area ( April to October) (the special person) and the recommended sentence: April to October (the decision of sentence] of the defendant is the primary offender, and the vehicle of the defendant is being covered by the comprehensive motor vehicle insurance. It is so decided as per Disposition on the grounds above.

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