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(영문) 대전지방법원 2014.07.16 2013고단3930
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a Hegel car.

On August 11, 2013, the Defendant driven the above vehicle on August 14, 2013, and led the E company located in Geumsan-gun, Chungcheongnam-gun to proceed to Daejeon-do.

At this point, since the road was on which the center line of yellow-ray was installed, a person engaged in driving service has a duty of care to thoroughly see the front-time and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and led to the failure of the Defendant to drive beyond the central line, and caused the front part of the victim Flute G drive which was proceeding in the opposite direction of the Defendant’s vehicle, to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the victim F of the victim F, the victim C of the third main body in need of treatment for 12 weeks; the victim H, who was the passenger of the victimized vehicle, the fluoral body in charge of the right-hand fluoral fluoral fluoral fluoral, etc., which requires the victim H for 8 weeks of treatment; the victim I suffered from the victim I the victim I of the fluoral fluoral fluoral fluoral fluoral fluoral fluor, which requires the victim J for 4 weeks of treatment; the victim J of the fluoral fluoral fluoral and gal fluoral fluoral fluoral fluor, which

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A traffic accident report and a traffic accident report;

1. Accident site and vehicle photograph;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is the same as that of sentencing, and it is against it.

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