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(영문) 창원지방법원 2016.05.24 2016고단644
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a spak vehicle B.

On January 30, 2016, the Defendant driven the above vehicle at around 18:45, and led the road near the Dong Kimhae-si, which is located in the Ganhae-si, to proceed from the west Kimhae-si to the Dong Kimhae-si.

At that time, the center line, which is the left-hand line, was installed as a yellow yellow line, and the surface was sucked at that time, so a person engaged in driving duty had a duty of care to reduce the speed and safely proceed along the lane.

Nevertheless, the Defendant was faced with the front part of the ice-shielded vehicle that was driven by the victim C(55) (55) who was faced with the central line by the negligence moving down to the left-hand side without reducing speed.

As a result, the Defendant suffered injury to the victim C, such as scarke, which requires approximately four weeks of treatment due to occupational negligence as above, and suffered injury, such as 12 weeks of treatment to the victim E (the 51-year old-age-old) who is his son, such as the 12-day culp emitting stability.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A survey report on actual conditions;

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, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] The basic area of the first type of traffic accident (in April to October) (the injury caused by traffic accidents) - There are other crimes in a commercial concurrent relationship, so there is no person who has a special sentencing [the person who has been sentenced] [the decision of sentence] [the decision of sentence] 8 months, the suspension of execution 1 year (the background of the accident, the degree of the injury, the degree of the injury, and the total insurance coverage.]

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