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(영문) 부산지방법원 동부지원 2013.05.22 2013고단1141
교통사고처리특례법위반
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving a cargo vehicle.

On March 18, 2013, the Defendant driven the above cargo vehicle on March 18, 2017:25, and led to a four-lane road in front of the Hyundai Vene City in Busan, Daegu, to proceed along the two-lanes from the Yak Stak Stak Staka to the port of the port of yacht.

At the time, it was difficult to slicked and there is a road bended to the left side where the median line is installed, so there was a duty of care to safely operate the motor vehicle by reducing speed and accurately manipulating the steering gear and accurately manipulating the steering gear.

Nevertheless, while neglecting this, the Defendant neglected to enter the brakes and operated the brakes by negligence while operating the brakes without speeding it, the Defendant invadedd the median line by the said cargo vehicle, and breaking the median line, and the victim C (32 years old) driven by one lane on the opposite side, received the front portion of the DSS3 vehicle operated by the victim C (32 years old) with the front side of the said truck.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the opening frame of the mouth in need of treatment between about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. A suspended sentence shall be ruled as ordered for the reasons of not less than Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with and that the defendant has no previous conviction heavier than the fine);

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