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(영문) 부산지방법원 2013.06.19 2013고단954

교통사고처리특례법위반

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

However, 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

The defendant is a person who is engaged in driving a rocketing car.

At around 17:30 on October 29, 2012, the Defendant driven the above vehicle and operated 50 meters away from the north of the city boundary of Chocheon-si, Seocheon-si, Seocheon-si, Seocheon-si to the intersection of Chocheon-si, Seocheon-si, Seocheon-si.

Since the place is where the center line of yellow solid lines is installed and the restricted speed is 60 km every hour, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the speed and speed of the vehicle and operating the steering and steering gear accurately.

Nevertheless, as the Defendant neglected this and putting a limited speed more than 40 km every hour, and when the lane has decreased from the two lanes to the one-lane, the Defendant received the front gate of the freight vehicle driven by the victim C(48 years old) who was driving in the opposite lane due to the negligence of the medianing the central line.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, i.e., the need for medical treatment for about 14 weeks, and the diversification of alleys.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Requests for appraisal;

1. An investigation report (victim C or telephone statement);

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the degree of violation of duty of due care

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;