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(영문) 수원지방법원 2015.08.13 2015고단2055

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving the B-learning passenger car.

At around 12:20 on September 23, 2014, the Defendant driven the above-learning passenger car, and came to go through a luminous-off from the 100m East Sinpo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si at the same 100m of the bus stops located in Dongpo-dong.

At this point, the center line of the yellow-ray is installed, and the road at this place is being be bended with a small right side, and the road was under the state of the sloping road at that time. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents, such as taking measures to prevent motor vehicle from getting off, such as saving the front door well and reducing speed, etc.

Nevertheless, the Defendant neglected to do so and proceeded as it is, caused the failure of the Defendant to duplicate the upper part of the C-wing and the third cargo loaded on the upper part of the C-wing and the upper part of the third cargo, which was coming into the upper part of the passenger car.

The Defendant, by occupational negligence, inflicted injury on the victim D, who is the driver of the inwing 3 cargo vehicle, such as salt, tensions, etc. requiring a two-day medical treatment on the part of the victim E, who was a passenger of the fright-side passenger vehicle, and inflicted injury on the victim E, which requires a six-day medical treatment on the part of the right-side part, such as a fright-side bed, and the fright bed, which requires a seven-day medical treatment on the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements related to D traffic accidents;

1. The actual condition survey report;

1. Each photograph;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The recommendation-type victim D according to the sentencing criteria;