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(영문) 부산지방법원 동부지원 2019.05.29 2019고단309
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

On October 02, 2018, the Defendant driven a Rototoo car at B on October 11:20, 2018, and tried to overtake the Dhotoo car of C driving that was driven in the same direction beyond the center line on the left side while driving in the direction of the plane captain at the steel side.

Since the above place is a road that has a slope length and is one-lane in which a yellow solid line is installed, there is a duty of care to avoid impeding the passage of other vehicles passing on the right side of the central line when passing over the central line and passing over again into the right side of the central line, or not causing any danger.

Nevertheless, the defendant, after overtaking the central line on the left side, returned to the right side of the central line, did not confirm the situation properly, and proceeded to the right side of the motor vehicle of the defendant, and the front part of the upper part of the upper part of the motor vehicle of the defendant was shocked to go beyond the road.

After all, the Defendant suffered injury, such as her muck, and buckbucks, to the victim E (n, 63 years of age) who is the passenger in the above occupational negligence, for about eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. A photograph of the vehicle and on-site photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to attachment of a victim's diagnosis report);

1. Article 3 (1) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the instant accident occurred in the course of overtaking, beyond the central office line, in order to overtake, and returning to the right side of the central office line again, and the Defendant’s negligence is not less light, the degree of injury of the victim is not less light.

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