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(영문) 수원지방법원 평택지원 2014.08.07 2014고단282
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in the duty of driving the C Eth Motor Vehicle Quantities.

On December 31, 2013, the Defendant driven the above vehicle at around 08:30 on December 31, 2013, and proceeded with the direction of Mamsan Masan and the front one lane in front of Pyeongtaek-si.

At that time, the center line of yellow-ray is installed.

In such cases, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle can properly look at the front side and safely drive the motor vehicle in advance.

Nevertheless, the Defendant neglected to do so and did so, she shocked the front part of the E-Ba vehicle driven by the victim D, which was driven by the victim D while living normally in the opposite part of the course, and continued to proceed with the driving seat of the Defendant, and shocked the front part of the Gpoter vehicle driven by the other victim F.

As a result, the Defendant, by negligence in the course of performing his duties, suffered from the injury of the victim H (V, 73 years old), who was accompanied by the driver of the above vehicle, for about 3 weeks, and about 10 weeks, to the victim F (V, South, 46 years old), who is the driver of another damaged vehicle, the victim I (V, South, and 46 years old) who was accompanied by the injury, such as spawn and spawn to the right shoulder, which requires a treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement of D police statement;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an injury that requires approximately 10 weeks of medical treatment to the victim F in the wind that the defendant gets injured by the central line and causes traffic accidents.

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