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(영문) 수원지방법원 2016.03.30 2015고단6282
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years 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 car in B T-gu.

On November 2, 2015, the Defendant driven the above vehicle at around 12:05, and operated the D cafeteria at about 40 km from the side of both reduction and exemption offices to the large mix.

In this case, the center line of the yellow-ray is installed and the left turn is prohibited, and there was a duty of care to prevent accidents in advance and to turn to the left at the point where the left turn is permitted by the driver of the motor vehicle by safely keeping the vehicle line, checking well the left and right of the vehicle before and after the operation of the other motor vehicle.

Nevertheless, the Defendant neglected to go beyond the math of the front city and caused the victim to go beyond the above road by shocking the front part of the F motor device driven by the victim E (75 aged) which was driven in the opposite direction of the defendant due to the negligence of leaving the front line beyond the center line of the yellow-ray, which shows that the Defendant could not go beyond the math of the vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Investigation report (report on the confirmation of CCTV images related to a traffic accident);

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act, the area of mitigation (-6 months] [the person who is subject to special sentencing] [the decision of sentencing] is not subject to punishment (the decision of sentencing]. The negligence of the defendant who has invaded the central line and the degree of injury inflicted on the victim.

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