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(영문) 대전지방법원 홍성지원 2017.11.15 2017고단329

교통사고처리특례법위반(치상)등

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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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On January 5, 2017, the Defendant driven the said car at around 21:25, and driven it at the speed of about 110km from the luminous side to the breadth of 202.3km along the two-lanes from the expressway located at the speed of 77-west-ro, south-do, west-do, the west-do, 202.3km.

In such cases, a driver of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side well and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the defendant was negligent in driving while driving the vehicle in the same direction.

D이 운전하는 E 트랙터 특수차를 뒤늦게 발견하고 피해차량을 피하기 위해 1 차로로 급하게 진로를 변경하면서 피고인 차량 오른쪽 앞 펜더 부분으로 피해차량 왼쪽 앞바퀴 부분을 들이받아 피해차량이 도로를 이탈하면서 가드레일과 방호 울타리를 들이받은 뒤 전복되게 하고, 그 충격으로 피고 인의 차량이 튕겨 져 나가면서 피고 인의 차량 왼쪽 앞부분으로 중앙 분리대를 들이받았다.

As a result, the Defendant destroyed the victim’s damage to the damaged vehicle owned by the L&S Co., Ltd. by the above occupational negligence in order to cover a total of KRW 233,104,740, and damaged the facilities, such as the central separation zone owned by the victim’s Korean road, to cover KRW 14,452,90,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the actual condition of traffic accidents and written estimates;

1. Article 151 of the Road Traffic Act concerning criminal facts;

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

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following circumstances and records are recorded, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.