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(영문) 창원지방법원 통영지원 2016.06.17 2016고단438
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On 19. 19. 06:50 on 19. 19. 2016, the Defendant driven the above vehicle and continued to turn to the left at a speed of about 30km at a speed of 60km from the two-lanes among the three-lanes in the 65-lanes.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to see an intersection signal and received the left turn from the front side of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two sides of the two parts of the two parts of the two parts

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim D, such as brain flads, flads, etc., in which approximately six weeks of treatment is required, injury to the same F (68) who was taking advantage of the Defendant’s cargo onto the same F (68 years of age) where treatment is required for approximately eight weeks, injury to fladsing flads, etc., which requires approximately four weeks of treatment to the victim G (63 years of age) of the same passenger, and injury to the victim H (47 years of age) of the same passenger, such as flads, in which treatment is required for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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 (the scope of recommendations) under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is general.

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