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(영문) 대전지방법원 서산지원 2013.05.16 2012고단863
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of Poter Cargo Vehicles B.

On June 2, 2012, the Defendant driven the above cargo vehicle on June 2, 2012, and driven the above cargo vehicle along the two-lanes along the direction of the west coast Highway, which is located in the west-si, west-si, west-si, west-do, west-do, west-do, 248.

At the time, since it is an expressway at night and its center is installed, the defendant engaged in driving service has a duty of care to avoid crossing, making a U.S. or moving back the expressway.

Nevertheless, the front part of the victim C(29 years old) driving a normal driving in accordance with the Seoul direction due to the negligence driven by the driver, etc. while making a normal driving in the direction of the Seoul direction while driving in the direction of the breath, the front part of the above freight vehicle was shocked by the front part of the above freight vehicle.

The Defendant suffered, from the above occupational negligence, the injury to the above C, such as the left-hand slots, the front-hand bank, the front-hand bank, and the marrop, etc., the victim E (36 years old) and the victim F (31 years old), each of which requires approximately 4 weeks medical treatment, and the injury, such as a fry flicking flick at the left-hand bank, which requires approximately 6 weeks of medical treatment to the victim G (nor 6 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, F, and E;

1. Reports on the occurrence of each traffic accident;

1. On-site photographs;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime against Victims C);

1. Selection of alternative imprisonment without prison labor;

1. Although Article 62(1) of the Criminal Act provides the negligence and accident, the vehicles involved in the suspended execution are covered by comprehensive insurance;

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