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(영문) 부산지방법원 2013.05.07 2012고단10570
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

At around 19:40 on September 16, 2012, the Defendant, who is engaged in driving Lone Star Vehicles, was driving at the speed of 60 km a two-lane in which approximately 10 meters central line is installed at the speed of Si from the direction of Si in the direction of Si, SeosanIC as it is located in Seosan-gu, Busan.

At the same time, the road surface was slick and double yellow-ray centered, so there was a duty of care to safely drive the car with the duty of care to protect the vehicle by thoroughly operating the steering sleep and accurately manipulating the steering and steering devices while driving the vehicle as a person engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not look ahead of it due to the cost during the operation, and was driven by the victim D(45 years old) driving at one-lane of the two-lane of the center line due to the negligence of sbrooming the center line, and was driven by the victim D(45 years old) prior to the driver's seat of the vehicle driving by the Defendant.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as the victim F, who was the passenger of the said victim’s vehicle, and the victim F, who was the passenger of the said victim’s vehicle, for about 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Written statements of D;

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, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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) of the Criminal Act provides that the suspension of execution (such as the absence of criminal records of a suspended sentence of imprisonment or more, the subscription to a comprehensive automobile insurance, the deposit of each of five million won to the victims, and the reflection of each of them) shall be 1.

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