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(영문) 창원지방법원 2016.06.24 2016고단917

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years 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 B bitr cargo vehicles.

On March 18, 2016, the Defendant was going to turn to the left at the right edge of the four-lane road of the D Distribution Company in front of the D Distribution Company, which is located in the Gu C, in Changwon-si, Seoul.

At the same time, a person engaged in driving duties of a motor vehicle with a yellow wheel line installed with a center line, who has a duty of care to safely operate the motor vehicle along the lane without breaking the center line, despite the fact that the defendant had a duty of care to safely operate the motor vehicle, the defendant caused the victim E(64) driver's injury to the victim E(64)'s front end part of the driver's freight at the opposite lane at the time when she invadedd the center line and left the left.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. On-site photographs and black stuff photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: The basic area (4 months to 10 months) (the person subject to special sentencing] (the person subject to special sentencing] of the basic area (the person subject to special sentencing: the person subject to mitigation) of the punishment is not subject to punishment;

2. The traffic accident of this case, when the defendant is running the road on which the center line of yellow-ray is installed, is caused by negligence of the defendant who intrudes on the center line and turn to the left, and the degree of violation of the duty of care of the defendant is grave, damage to the victim is very serious, and the defendant has been sentenced to a fine (7 million won) once for the same crime.