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(영문) 창원지방법원 2012.12.14 2012고단3291

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

At around 12:30 on August 2, 2012, the Defendant, who is engaged in driving a B-to-purd passenger vehicle, continued to drive a single-lane of 88 Olympic Expressway 109.2km from the Gwangju Sea to the Daegu Sea on August 2, 2012.

At the time, there is a center line of yellow solid lines, and in such a case, the driver of the vehicle has a duty of care to safely operate the vehicle by reducing the speed of the vehicle and properly manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and received the part prior to the left-hand side of the freight vehicle of the victim C(49 years old) who was driving in the above part of the driver's vehicle of the victim who was driving by the Defendant due to the negligence of the center line.

The Defendant continued to move back to the left-hand side of the Defendant’s vehicle due to the shock, and continued to take part after the left-hand side of the vehicle E(34 years of age) driving with the front-hand side of the vehicle E(34 years of age).

The Defendant, by such occupational negligence, suffered each injury to the victim C, such as the right-hand culverization, etc., which requires approximately 14 weeks of medical treatment, and the victim G (28 years of age, women) who was on a passenger car of the Defendant, in need of medical treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to a written statement, each medical certificate, and opinion;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution;