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(영문) 전주지방법원 군산지원 2015.03.18 2014고단1359
교통사고처리특례법위반
Text

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

except that 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 of C1 ton cargo vehicles.

On October 30, 2014, around 09:05, the Defendant driven the above cargo vehicle at a speed of about 60 km from the shooting distance from the ELmmmmmmm to the parallel of the ELmmmm in the ELmmmmm.

Since the place is where the center line of yellow-ray is installed, the driver has a duty of care to see the center line and the right and the right and the right and the right and the right and the right and the safe driving of the yellow-ray.

Nevertheless, the Defendant was negligent in neglecting this, and the front part of the victim D(33 years old) driving, E2.5 tons of the oil station, which was proceeding in the opposite direction, was the front part of the said cargo vehicle.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury to the body felbs, etc. of a heavy water tank, and the injury to the victim F (the age of 45) who was aboard the vehicle of the said cargo vehicle, for about about 10 weeks of treatment, the Defendant suffered, respectively, the injury to the victim of the said cargo vehicle, such as the 4,5th double breath, the 4,5th double breath, the main breath, the entrance breath, the external side buck, and the blood bucks on the left-hand side of the breath,

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

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 (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against VictimsF with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's act of sentencing unfavorable to the defendant is against the defendant, such as the fact that the defendant has a heavy responsibility for causing a traffic accident involving serious human damage while breaking the central line due to his or her negligence, and that the victim D's intent to punish him or her is maintained, etc.

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