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(영문) 대구지방법원 의성지원 2014.12.18 2014고단273
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of C-business cargo vehicles.

On September 24, 2014, around 13:55 on September 24, 2014, the Defendant continued to proceed with the national highways No. 31 in front of the Hanbun Village in Cheongju-Eup, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Since there are a center line of yellow solid lines, the driver of the motor vehicle has a duty of care to safely proceed without breaking the center line.

Nevertheless, the Defendant neglected to do so to overtake a motor vehicle in front of the foregoing cargo vehicle and was driving with the opposite vehicle beyond the central line while driving with the opposite vehicle, and received the part of the victim D(76 years old) driving in front of the said cargo vehicle.

Ultimately, at around 14:46 of the same day as above, the Defendant caused the above victim’s injury to scarcity in an emergency room of the Ansan-si, Andong Hospital located in Andong-si, Andong-si, 11, and at the same time caused the victim F (F, 75 years old), who was on board the damaged vehicle, with approximately 3 weeks’ injuries such as salt, tensions, etc. of cages, which require a medical treatment, and suffered injury to G (V, 63 years old) who was on board the damaged vehicle, such as a cage catus, etc. which requires a medical treatment for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report, a death autopsy report, and a medical certificate for each type of diagnosis;

1. Application of Acts and subordinate statutes to report internal death (Attachment of field photographs);

1. Article 3 (1) and the proviso to Article 3 (2) 2 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 Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., the Supreme Court Decisions 201Do1119, Jan. 1, 201; 201Do1111,

1. Order of community service;

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