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(영문) 창원지방법원 통영지원 2016.01.28 2015고단939

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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On July 20, 2015, around 13:05, the Defendant driven the 576-lane-do road from the port of the UN Twitter to the port of fishing at the port of the third party. The Defendant was driving the 576-lane-do road on July 20, 2015.

Since the place was installed with the center line of yellow solid lines, there was a duty of care to protect the center line and safely drive the driver.

Nevertheless, the Defendant caused the injury to the victim C (the other, 48 years old) who was in the place of the vehicle due to the negligence of driving the vehicle by driving the vehicle over the center line and driving the vehicle over the opposite side of the opposite lane, and due to the shock of the victim C (the other, 48 years old) in the front part of the above cargo vehicle, and due to the shock of about 16 weeks of the above cargo vehicle, the Defendant suffered from the injury, such as abandonment falsing down, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate and a survey report on the actual condition of a traffic accident;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] [including efforts to recover damage] and the scope of punishment (including special mitigated persons] under the following circumstances and other conditions of sentencing, such as the defendant's age, sexual behavior, environment, motive for committing a crime, circumstances after committing a crime, etc., the following conditions of sentencing shall be comprehensively taken into account and determined as ordered in the Disposition.

The favorable circumstances: The fact that one's mistake is divided and reflected, and the injured party does not want the punishment of the defendant by the mutual agreement with the victim, and the comprehensive automobile insurance.