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(영문) 춘천지방법원 2012.01.17 2011고단858

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a freight vehicle B, C, and C.

On May 9, 201, the Defendant driven the above vehicle around 16:55, and proceeded with the national highways of about 44 lanes in front of the Japanese industry in Hongcheon-gun, Hongcheon-gu, Hongcheon-do, Hongcheon-do, Hongcheon-do, by approximately 80km in Seoul.

At the time, the surface was dissated because it was difficult to get off, and there was a hondro, where the regulatory salary is installed on the center line of the yellow-ray, so the person engaged in driving service has a duty of care to reduce the speed and safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded closely, and the rear wheels of the above cargo is broomed into a broom, and due to the negligence that the back wheel of the above cargo, and entered the opposite lane beyond the central line, and the victim C (55 years old) who was driving from the opposite lane in Seoul to the opposite lane, was driven by Hongcheon Eup.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as an external blood flashion, etc. which requires approximately 8 weeks of medical treatment, injury to the victim E (53 years of age) who was on board the victim’s car, such as a multi-flashing, etc. which requires medical treatment for about 6 weeks, and injury to the victim FF (25 years of age) who was on board the Defendant’s cargo vehicle, such as flashing, etc. which requires medical treatment for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Statement in the occurrence of each traffic accident in F and E;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are against C with heavy families.