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(영문) 창원지방법원 거창지원 2017.12.22 2017고단273
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 drives Category C cargo vehicles.

On June 27, 2017, the Defendant proceeded at a speed of about 91.6km from the e.g., the entrance of the fleet, which is in the course of fostering the Gyeongnam-gun, to the e.g. at the speed of about 91.6km from the e.g., the e., the e., the e., the e., the e., the

In this case, the driver of a motor vehicle has a duty of care to drive the motor vehicle in compliance with the traffic order, such as the driver of the motor vehicle, and the driver of the motor vehicle, who has a duty of care to drive the motor vehicle in compliance with the traffic order.

Nevertheless, the Defendant neglected this and neglected to turn to the left from the left side of the running direction of the Defendant at a speed exceeding 31.6 km by negligence of speed exceeding 31.6 km per hour, and received the behind part of the EVL125 Oba, which was driven by the victim D (75 Doe) who turn to the left at the right side of the Defendant’s driving direction.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as sexual intercourse, which requires approximately six weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident analysis and appraisal report;

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

1. Application of Acts and subordinate statutes to report internal affairs (Attachment of black stuffs image materials), each investigation report (Attachment of black stuff photographs, attachment of 119 first-hand stuff images, dispatch of the accident site, hearing of D statements, field investigation of traffic accidents, and attachment of D diagnosis documents);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommended punishment] is a single type of traffic accident (the injury or injury caused by traffic accidents) (4 months to 1 year) and the basic area (the person subject to special sentencing).

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