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(영문) 창원지방법원 마산지원 2015.05.13 2015고단45
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

On November 19, 2014, at around 14:00, the Defendant driven a B Poter Cargo, and proceeded along a two-lane road in front of the D Poter C located in Hanam-gun, Gyeongnam-gun, along a one-lane in the direction of Si/Gu/Eup from the Myeon of the military north-Myeon.

Since there is a center line of yellow-ray, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely manipulating the front, rear and left, and safely manipulating the steering system and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to drive a stroke while driving and waiting for signal at a suitable level due to the negligence near the center line, and got the front part of the F Poter Cargo Driving by the victim E as the front part of the Defendant’s vehicle, and the victim E’s above-mentioned vehicle was pushed back to the shock, and then was driven by the victim G who stopped thereafter.

The Defendant, by these occupational negligence, sustained injury to the victim I, such as the right pelle executives in need of medical treatment for about 14 weeks, injury to the victim E, such as satise satum satums and satisfal satums in need of medical treatment for about 3 weeks, and injury to the victim G in need of medical treatment for about 2 weeks.

Summary of Evidence

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

1. An interrogation protocol of E prepared by the police;

1. A written statement prepared by G;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Each general medical certificate of E and G;

1. Application of Acts and subordinate statutes of the medical certificate to I;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

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

1. The crime of this case on the ground of sentencing of selective imprisonment without prison labor is committed by the Defendant, while driving a vehicle, leading the central line to the driving of the vehicle.

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