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(영문) 수원지방법원 여주지원 2014.03.21 2014고정54
교통사고처리특례법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a gallon vehicle B.

On November 10, 2013, when driving the said vehicle as a business of around 14:00, the national highways of 3 times prior to the "Yacheon-si, Yacheon-si," which is located in the Ami-si, Seocheon-si, Seocheon-si, was driven at a speed of about 30 to 40 km along the two-lanes depending on the direction of the heading.

At the time, the Defendant, who was a victim C (Nam and 39 years of age) driving prior to the same direction, had a duty of care to maintain a sufficient distance to avoid a collision with the previous vehicle even if the previous vehicle stops suddenly, and to safely proceed with it.

Nevertheless, the Defendant found and operated the MFW vehicle stopped in accordance with the gallony fals when he was negligent in neglecting it and proceeding too close to it, but did not reach it, received the BM vehicle behind it as the front part of the gallony vehicle.

Ultimately, the Defendant suffered injury to the said victim C, such as catitis, which requires approximately two weeks of medical treatment, due to the foregoing occupational negligence, and suffered injury to the said victim E (VW vehicle E (the 13-year old age) for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each written diagnosis to C and E;

1. Article 3 (1) 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 Concurrent Crimes (Punishment as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier penalty);

1. Selection of an alternative fine for punishment (a fine of 700,000 won to be suspended of sentence);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence)

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