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(영문) 대구지방법원 서부지원 2016.09.27 2016고단880

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On February 6, 2016, the Defendant driving a B K5 car around 08:40, and driving a 1789 B K5 car at the price of Seongbuk-gun in order to run a road in front of the entrance of 1789 2nd village in Seongbuk-gun, Sungju-gun, to about 70 km each speed from the west side of Sungju-gun to the west-do.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents by thoroughly operating the front line and safely operating the vehicle.

Nevertheless, the Defendant neglected to drive a central line while driving it at the opposite lane, and caused the collision to the front left side of the Defendant’s vehicle of the victim E (44 years old) who continued to drive the said high-speed vehicle on the front side of the Defendant’s vehicle, and collision with the part on the left side of the Defendant’s vehicle on the front side of the victim E (44 years old) driving the said high-priced vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as pulverization of flaver in need of approximately 12 weeks of treatment, due to the above occupational negligence, and injury to the victim E, such as slinum, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on investigation;

1. A survey report on actual conditions;

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 (i.e., one of the injuries, the fact that an automobile comprehensive insurance policy is subscribed, and the fact that there is no record of causing a recent traffic accident);