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(영문) 창원지방법원 통영지원 2016.08.19 2016고단760

교통사고처리특례법위반

Text

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 one year 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 a motor vehicle B and C.

On March 6, 2016, the Defendant driven the above cargo vehicle at around 17:55, while driving the D cafeteria, which is one-lane in front of the D cafeteria in Tong Young-si, was proceeding at a sloping speed from the uppermost of the cell to the chill distance from the uppermost of the cell.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the defendant neglected to drive a stroke while driving the stroke, and caused the collision between the front part of the knife car that was driven by the victim E (69) who was driven in the opposite lane due to the negligence of the central line, and the front part of the knife car driving.

Ultimately, the Defendant suffered injury from each of the said victims, etc., as stated in the list of crimes attached to the crime committed by negligence in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the scene of an accident, a survey report on actual condition, each diagnosis certificate, medical treatment confirmation, and the response to a request;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendation] No person who does not have a basic area (4-10 months to October) (the person who is subject to special sentencing] [the decision of sentence] unfavorable circumstances: The crime of this case is committed in violation of the central line and resulting in injury to a large number of victims, which is favorable to the fact that the crime of this case is committed in violation of the central line, and the crime of this case is committed in violation of the principle of good faith: insurance is subscribed to a comprehensive insurance, and there is no record of crime more than suspended sentence since 195.