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(영문) 대전지방법원 서산지원 2014.01.08 2013고단506

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 of B-port cargo vehicles.

On March 21, 2013, the Defendant driven the above cargo vehicle on March 12:30, 2013, and proceeded at the speed of 40km from the distance from the side of the trial service distance, one lane ahead of the swine farm, which is in the intersection of the Sinjin-si.

Since there is a place where the center line of yellow-ray is installed, the person engaged in the vehicle driving duty has a duty of care to live well before and after the center line, and to prevent accidents in advance by safely operating the road along the right side of the center line.

Nevertheless, the Defendant neglected to proceed with it, while proceeding from the center line due to negligence, was driven by the victim C(55 years of age) who was under normal course from the center line to the center line, and the part front of the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on

As a result, the Defendant suffered, by such occupational negligence, injury to the victim C, such as the framework of ductal frame (Separation) in need of approximately 25 weeks of treatment, and injury to the victim E (here, 48 years of age) who was on board the victim C’s cargo vehicle, including the victim E (here, 48 years of age), such as divers of telegraph, which require approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Each written diagnosis;

1. The actual survey report and the evidence and photographs of traffic accidents;

1. Comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes of injury E;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant has agreed with the victims in the present court; that there was no previous conviction since 1975; the defendant's age

1. An order to attend a course under Article 62-2 of the Criminal Act;