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(영문) 춘천지방법원 영월지원 2013.05.14 2012고단505
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 a wing-off cargo vehicle B.

On October 17, 2012, around 11:25, the Defendant operated the above cargo vehicles on the national highway No. 42 in front of the water supply and sewerage business establishment located in the northwest of the Jungwon-gun, Gangwon-gun, and proceeded at a speed of about 60 km per hour from the Jinan-gun to the front of the water supply and drainage business establishment.

At this point, there was a duty of care to drive safely, such as reducing speed in advance and accurately operating steering the steering gear and operating the steering system, because the central line was installed as a one-lane road, and the road was sucked due to the frighting condition, and thus, the person engaged in driving service has a duty of care to drive safely.

Nevertheless, the Defendant was negligent in driving the center line as it is, and the Defendant did not avoid the D typ-car of the victim C (n, 42 years old) who driven normally in accordance with one lane from the front section of the opposite lane to the front section of the damaged vehicle. The Defendant received the front part of the damaged vehicle with the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim C, such as a catus catus, etc., which requires approximately four weeks of medical treatment, and injury to the victim E (the 60-year-old) who was accompanied by the above victim E (the 60-year-old) for about 13 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. A written statement of the occurrence of E traffic accidents;

1. Each written diagnosis;

1. The actual condition of each traffic accident;

1. Application of the statutes governing the explanation of traffic accident photographs;

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;

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

1. Selection of alternative imprisonment without prison labor;

1. The victims of Article 62(1) of the Criminal Act are the defendants under suspended execution.

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