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(영문) 수원지방법원 2018.04.03 2017고단8207

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of BM5 vehicles.

On October 26, 2017, the Defendant driven the above car at around 07:00 and proceeded at a speed of about 50 km per hour from the front side of D, which is located in the wife population C, to the front side of D, which is located in the host population C, from the front side of C, the front side of D, which is a public sports ground room, at a speed of about 50km per hour.

Since there is a center line of yellow solid lines, in such a case, there was a duty of care to ensure that a person engaged in driving service should thoroughly see the front line and safely drive the car line.

Nevertheless, the defendant neglected this and led to the failure of the defendant to drive a vehicle on the opposite side of the moving direction to drive a vehicle on the road opposite to the moving direction of the defendant, which led to the failure of the defendant to drive the road opposite to the moving direction of the victim E(62 Do) driving vehicle, the upper part above the left-hand part of the Fpoter's freight vehicle in front of the left-hand side of the

Ultimately, the Defendant caused the injury of the victim E (61) to the victim E (61) due to the foregoing occupational negligence, such as the injury of the president, who was in an open room within the lectures requiring approximately 4 weeks of medical treatment, and the injury of the victim G (41) who was on board the said cargo to the victim G (41) who was on board the said cargo for about 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report (1) (2) (2)

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

Defendant recognized the instant crime.

Vehicles operated by the defendant are covered by a comprehensive insurance.