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(영문) 청주지방법원 2016.07.21 2016고단318
교통사고처리특례법위반
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 is engaged in driving of a motor vehicle B and C.

On December 30, 2015, the Defendant driven the above cargo vehicle around 11:00, and proceeded along with the F-wing Cargo Vehicle with the victim E (59 years old) driving on the side of the company in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At this point, there is a yellow-ray yellow-line line, and there was a three-distance intersection with no signal signal at the front side of the Defendant’s running direction, and thus, there was a duty of care to safely proceed and not make the front-way, despite the fact that there was a duty of care to safely proceed and not to do so, the part of the victim’s driver’s freight driving seat who turn left to the left at the right edge of the said intersection due to negligence in front of the front, was taken the front side of the Defendant’s freight truck.

Ultimately, due to the above occupational negligence of Defendant 1, the victim suffered bodily injury, such as scarkeing, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The degree of injury on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, reflectivity, automobile comprehensive insurance coverage, primary offender, and other factors of sentencing under Article 51 of the Criminal Act shall be determined as the same as the order.

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