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(영문) 수원지방법원 여주지원 2016.02.01 2015고단835

교통사고처리특례법위반

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a wing and cargo vehicle B.

On December 15, 2014, the Defendant driven the above vehicle at around 01:20 on December 15, 2014, and got a two-lane from the two-lane road located at a point of 264km in the middle inland highway in the south of the city at the south of the city at the south of the city, the Defendant got a access road connected to the Dong-do Highway in Incheon, Incheon.

At the time, night and road surface was damp and difficult, so in such cases, a person engaged in driving a motor vehicle has a duty of care to see the front side in advance and enter a two-lane, and to prevent traffic accidents by safely entering the access road.

Nevertheless, Defendant 1 entered the entrance road to the point safety zone of a quarter, later later, neglected to see the front road and failed to secure the safety distance by negligence, found the 11.5 tons of c driving D treatment 11.5 tons of c driving, which was rapidly stopped due to the appearance of a mast wild animal, and was sleeped, but was sleeped, and was found to have been loaded the above truck as the front part of the above wing.

As a result, the Defendant caused the risk of life to the victim E, who is the partner of the above cargo vehicle, due to the injury of the head of the external wound and the aftermatha from which the number of days of treatment cannot be known, or caused a imprisony or incurable disease.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 stay of execution [The following consideration shall be given: (a) the criminal defendant who does not have any other criminal record committed a crime; (b) the fact that he/she was covered by a comprehensive insurance;