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(영문) 수원지방법원 평택지원 2015.04.02 2015고단62
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 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 a low-speed car B.

On November 24, 2014, the Defendant driven the above car on November 23:15, 2014, and led Pyeongtaek-si C road to the right-stop course from the right-off side of the right-stop.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the part of the victim D (year 51) driving in the opposite lane due to the negligence of driving a stroke by neglecting this, which was driven by the driver of the vehicle at the center of the central line, was driven by the driver of the vehicle at the left-hand part of the vehicle at the top of the vehicle at the highest string.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 6주간의 치료가 필요한 우측 무릎뼈의 개방성 골절 등의 상해를, 위 카렌스 승용차의 조수석에 동승하고 있던 피해자 F(여, 44세)에게 약 5주간의 치료가 필요한 좌측 3, 4 중수골 골절 등의 상해를 각각 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

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 concerning Facts constituting an offense, and Article 268 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The range of recommendations for sentencing sentencing of Article 62-2 of the Criminal Act of the community service order: To take into account all circumstances, such as the fact that the accused does not have criminal records and is subscribed to the comprehensive motor vehicle insurance, the basic area of the first type of general traffic accident (the injury caused by traffic accidents) and the fact that the accused does not have criminal records;

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