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(영문) 창원지방법원 밀양지원 2013.08.01 2013고단294

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the car B in the world.

On March 4, 2013, the Defendant driven the above vehicle on March 4, 2010, and operated 44.3km in Daegu Busan Metropolitan City, Daegu Metropolitan City, which is located in the active dong in the fast-si. The Defendant operated 44.3km in the city speed of about 90km depending on one lane.

At the time, since it is night and it is an expressway that has a large traffic volume, the defendant engaged in driving of the motor vehicle had a duty of care to prevent accidents by safely manipulating the operation and steering gear, and by safely manipulating the operation and steering gear.

Nevertheless, the defendant neglected this and found the DMP3 car driven by C which is parked in one-lane due to traffic accident, and found it late, and brought the above SM3 car back part into the front part of the car driven by the defendant, and due to its shock, the above SM3 car was driven by E (0 years old, 30 years old) the front part of the Ff-low vehicle driven by E (30 years old).

Ultimately, the Defendant caused the injury to the victim G (WM3) who is a partner of the said SM3 car due to the foregoing occupational negligence, such as the left-hand satisfaction room and the fele room requiring approximately 8 weeks of treatment, and damaged the said car to the extent that the repair cost, such as the exchange and maintenance of the felf, was 3,18,656 won, by causing about 3,100 won to the victim H (31) who is a partner of the fele vehicle requiring approximately 3 weeks of treatment, and causing about 3,118,65 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement on the occurrence of each traffic accident in G and C preparation;

1. The actual condition survey report;

1. Investigation report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning criminal facts;

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

1. Punishment;