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(영문) 춘천지방법원 2015.10.15 2014고단957
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for six 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 Cren car.

On April 21, 2014, the Defendant driven the said car at a time on April 21, 2014, and led the road in front of the head office of the Chuncheon-Jacheon-ro, Geumcheon-ro, 120 Geumcheon-ro, Geumcheon-do, to proceed to the same-sex intersection direction from the street room.

A person engaged in driving service has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to drive the vehicle at the front of the Defendant’s vehicle due to negligence, and led the victim D(27 years of age) who was driven by the victim D(27 years of age) in the front of the said car, to shock the back part of the said car with the front part of the said car, and due to the shock, caused the victim F(51 years of age) to shock the back part of the said car.

Ultimately, the Defendant damaged the said rocketing car to the extent that the repair cost of KRW 5,275,209, including the replacement of the back-to-date pans, etc., and damaged the said new franchise XG car to the extent that KRW 558,748, such as the exchange of the back-to-date pans, and at the same time damaged the said new franchise XG car, and suffered injury to the victim D, the victim H(25 years old), and the victim F, each of whom requires approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to a survey report, a medical certificate, and a quotation;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting the crime (a point of causing property damage by occupational negligence);

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;

1. The sentencing guidelines are not applicable as a formal concurrent crime with the reason of sentencing Article 62-2 of the Criminal Code of the Social Service Order, and the defendant has not been agreed with the victims until now.

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