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(영문) 창원지방법원 2016.03.18 2015고단3307
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 Bchip car.

On November 27, 2014, around 10:48, the Defendant was driving in the vicinity of the entrance of the civil tunnel located in the Dong-gu, Gowon-si, Jinwon-si, the Defendant was driving in the middle of the two-lanes of the passage of the civil tunnel, which is located in the boundary of the public tunnel.

At all times, vehicles are habitually stopped at any time, and thus, the driver of the vehicle has a duty of care to confirm whether the vehicle is under a stop by checking the front side and the left and right side of the vehicle and to safely drive the vehicle, despite the duty of care, the defendant neglected such duty of care, and due to the negligence of driving the vehicle on the front part of the foregoing vehicle that the defendant drives, while neglecting such duty of care, received the back part of the DNA learning vehicle driven by the victim C (35 years old) who was under a stop at the same lane as the front part of the vehicle driven by the defendant, and continued to receive the front part of the E (61 years old) truck which was under a stop.

After all, the Defendant suffered injury to the above victim due to the above occupational negligence during the course of which the injury was incurred, such as a diversity death, which requires treatment for more than six months.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on occurrence of a traffic accident, vehicle photographs, etc., and reports on a traffic accident;

1. Application of Acts and subordinate statutes of a report on internal investigation (victim C-related internal investigation report) and a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents: In the case of injury in the area of aggravation (from August to January, 1) (the case of special aggravation) (the case of injury in the area of aggravated punishment).

2. The demotion in need of medical treatment for not less than six months due to the accident in this case, which was sentenced to a sentence;

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