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(영문) 청주지방법원 2018.01.11 2017고단2259
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a Grand Star Cargo Vehicle B.

On 01. 09. 09. 09. 09. 005, the Defendant driven an above cargo vehicle and continued to drive the Dowon-ro 11, Cheongju-si, Cheongju-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do

In such cases, a person engaged in driving of a motor vehicle has a duty of care to avoid accidents in advance by driving the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and got the front part of the victim C(48 S) driver’s freight driven by the Defendant’s signals to the port side of the right side of the Defendant’s proceeding direction and followed by the Defendant’s signals. However, the Defendant received the front part of the victim C(48 S) driver’s freight from the right side of the said Lone Star Cargo.

Ultimately, due to the above occupational negligence, the victim E (55) who was aboard the cargo vehicle operated by the defendant, suffered bodily injury, such as the mouth breath of the right thirroid, which requires approximately 8 weeks of treatment, and suffered injury such as the mouth breath of the right string, etc. from the victim F in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 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 [the scope of recommendation] of the Criminal Act: No basic area (4 months to 1 year) (the person subject to special sentencing) (the person subject to special sentencing) (the decision of sentence] of the first type of traffic accident (the injury caused by traffic accident) is decided.

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