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(영문) 대구지방법원 경주지원 2016.03.31 2015고단931
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On August 8, 2015, the Defendant driven the above vehicle on around 08:48, the Defendant proceeded at a speed of about 70 kilometers a speed of about 70 kilometers a speed of 50 kilometers per hour from the ebbbs of the ebstin village near the ebstin village in the mountain at the time of the racing.

At this point, the central line is installed, and it is a bend road.

In such cases, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles according to his/her own lane and prevent various traffic accidents.

Nevertheless, the Defendant neglected this and went on the opposite part to the left-hand part of the above vehicle due to the negligence of breaking the center line.

C There was a conflict over the top-hand part of the cargo vehicle.

As a result, the Defendant: (a) caused the victim D, the driver of the damaged vehicle, to suffer bodily injury, such as a bruption, closure, etc. of the brupt in need of approximately 12 weeks of treatment; (b) caused the victim E, the passenger E, to suffer bodily injury, such as inside the right side of the opening of the 7 weeks of treatment; and (c) caused the victim F, the passenger, to suffer bodily injury, such as the left-hand frut salt, etc. in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and medical certificates;

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

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

1. The sentencing of Article 62(1) of the Criminal Act under the suspended sentence causes a traffic accident by negligence while driving a central line by the accused, and the degree of injury suffered by the victims is serious.

On the other hand, however, the defendant's mistake is divided in depth, and the victim D and F agree with the victim.

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