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(영문) 의정부지방법원 고양지원 2016.08.09 2016고단949

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a elective cargo vehicle D.

On February 11, 2016, the Defendant driven the above cargo vehicle around 17:30, while driving the above cargo vehicle, and driving the road on the Dong-gu Busan Metropolitan City E from the ethical basin of the valley to the main intersection of the road at approximately 50-60 km.

Since there is a road bended by a rain and a place where the center line of a yellow-ray is installed, there was a duty of care to reduce the speed and safely operate the vehicle to the driver.

Nevertheless, the Defendant neglected this and proceeded along as is, while driving at the center line due to occupational negligence, was driving at the victim F (39 e.g., the victim F (39 ) which was driving by the Defendant, with the front part of the G car car driven by the Defendant as the front part of the above cargo car by the Defendant, and proceeded behind the said car siren car.

H had the I T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant suffered injury to the victim F by occupational negligence, such as light felling on the right side and felling of executives who need approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A traffic accident report;

1. Investigation report (report on the confirmation of weather on February 11, 2016);

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures: The defendant's negligence is heavy (the defendant's negligence is deemed that calcium was spread on the road with regard to the circumstances thereof.)

However, according to the evidence, the victim's injury is not considered to be the cause of the central crime of calcium.