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(영문) 춘천지방법원 강릉지원 2016.01.28 2015고단1188
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

Punishment of the crime

The Defendant is a person who is engaged in driving of cargo vehicles of CJ III 1.2 tons.

On August 3, 2015, the Defendant driven the above cargo vehicle around 07:30, and was proceeding on the national highway No. 38, which was located in the upper road of the 38th century, and the Do-Eup Myeon from the Do-Eup Myeon.

At this point, the road was a bend where a yellow solid line of one lane is installed, so the driver of the vehicle has a duty of care to reduce the speed in advance and accurately manipulate the steering and brakes so that the driver of the vehicle has a duty of care to operate the vehicle safely.

Nevertheless, the Defendant neglected to do so and received the part above the left-hand side of the freight vehicle in front of the Defendant’s driving of the victim D(49 tax) E- E, which was placed in the opposite direction due to negligence over the center line at the left-hand side of the moving direction.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand majority of the executives who need to receive a 14-day medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act;

1. The sentencing guidelines provided for in Article 62(1) of the Criminal Act shall be set within the scope of the sentencing guidelines that Defendant vehicles with reasons for sentencing under Article 62(1) of the suspended sentence are subscribed to mutual aid associations, the victim does not want to be punished, and the defendant has no record of committing any crime exceeding the fine that the defendant does not want to be punished, and the defendant suffers significant bodily injury shall also be set within the scope of the sentencing guidelines and the execution of the sentence shall be postponed;

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