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(영문) 광주지방법원 장흥지원 2014.12.04 2014고단164
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 a spectrum car.

On August 19, 2014, the Defendant driven the above car on August 18:24, 2014, and proceeded ahead of the bus platform in the direction of the Glin-gun, Gangnam-gu, Jinjin-do.

The place is one lane in which the center line is a yellow solid line, and the left side is a bend, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle from the center line to the right and prevent the traffic accident in advance.

Nevertheless, the Defendant neglected to overtake the numberless vehicles prior to it, and caused the collision of the central line by the negligence of the collisioning the central line, and led to the collision of the EDama vehicle of the victim D(69 years of age) with the front of the right side of the pepepe vehicle.

As a result, the Defendant caused the injury to the victim D, such as the mouths of the Gyeong River basin, accompanied by a non-alley to the victim D for about 8 weeks of medical treatment, and the victim F (56 years of age) who was on board the Dama car, each of them suffered injury such as the mouths at the bottom of the aggregate, including an inner slope that requires approximately 8 weeks of medical treatment. At the same time, the victim G (V, 18 years of age), and the victim H (V, 18 years of age), suffered injury to the victim 1 (V, 17 years of age) who was on board the vehicle for about 2 weeks of medical treatment, and suffered injury such as cerebral dys, etc. which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in F, D, G, H, and I;

1. A traffic accident report (1) (1)

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts; Article 268 of the Criminal Act

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)1 of the Criminal Act:

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