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(영문) 대구지방법원 안동지원 2016.08.26 2016고단433
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 is a person engaging in driving a car BM520.

On May 8, 2016, the Defendant driven the above car at around 16:45, and led to the direction of the Ulsan-gun from the salary-gun to the direction of the Ulsan-gun.

There is a place where the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to safely drive the car.

Nevertheless, the Defendant neglected to do so and was driven by the victim D(55) who was driven in the opposite lane due to the negligence of breaking the central line, and received the front part of the E M520 vehicle as the front part of the said SM520 vehicle.

Defendant 1 suffered, by such occupational negligence, injury to the victim F (22 years old) who was on the said rocketing-to-becket that requires approximately two-day medical treatment, such as climatic salt, etc., and injury to the victim G (520 years old), who was on the said SM520 vehicle, in need of medical treatment for about three months, including 12 months of external pressure pressure, etc., respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a map on the scene of a traffic accident, and a report on actual condition investigation;

1. A statement prepared by the police in relation to D, F, and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 reason for sentencing under the main sentence of Article 62(1) of the Act on the Suspension of Execution is that the degree of injury of the victims due to the traffic accident in the instant case is not less severe, and the degree of negligence of the defendant who intrudes with the central line, ① the defendant confessions and reflects the crime in the instant case, ② the victims do not want the punishment of the defendant, and ③ the vehicles in the instant case are comprehensive insurance.

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