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(영문) 대전지방법원 논산지원 2015.10.20 2015고단367
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 B Poter II cargo vehicles.

On May 26, 2015, the Defendant driven the two cargo vehicles from above 08:35, the Defendant driven the two cargo vehicles from above 08:0,000 to the bend of the bend of the end of the end of the end of the end of the end of the end of the mountain.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle at all times and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to do so, while driving a Mati Cargo in front of the said Poter II (the age of 50) while driving a Mati Cargo in front of the said Poter II, the Defendant: (a) while the victim E (the age of 28) was driving a Faburt Motor Vehicle on the opposite opposite lane, the Defendant sawd or broken down hand to the port in order to avoid the said Poter II truck; and (b) thereby, the Defendant, while driving the Faburt Motor Vehicle in front of the said Poter II, conflict with the said Mati Cargo Vehicle driven by the victim C.

Ultimately, the Defendant caused the victim E to suffer injury, such as an injury to the right-hand sulke, which requires approximately 10 weeks of treatment due to such occupational negligence, and the victim C suffered injury, such as light salt, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, photograph of the scene of the accident, diagnosis certificate, estimate, or tea inquiry report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of alternative imprisonment without prison labor;

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

5. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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