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(영문) 춘천지방법원 강릉지원 2017.09.20 2017고단665
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence 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 the operation of B Lastren motor vehicles.

On May 16, 2017, the Defendant operated the same road in front of D Driving Schools D Driving Schools, which is located in C at C around March 16, 2017, and operated the same as the Do-ri distance outflow from the IC bank.

There is a two-lane road where a central line is installed, and there was a duty of care to ensure the safety of the course by checking well the right and the right of the driver of the motor vehicle, and to drive the motor vehicle in accordance with the central line.

Nevertheless, the Defendant neglected this and proceeded to the left-hand side by negligence beyond the center line without examining the front line properly, and received the front part of the victim E(59) driving while driving at the adjacent lane, and received the front part of the cargo vehicle as the front part of the Defendant’s car’s right-hand side.

As a result, the Defendant suffered injury, such as cutting the frame of the death, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a traffic accident report, actual investigation report, relevant photographs, and medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 200Da1548, Jun. 1, 2006)

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