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(영문) 춘천지방법원 영월지원 2016.04.12 2015고단479
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the driving of a wing and cargo vehicle B.

On September 20, 2015, the Defendant, at around 16:40 on September 20, 2015, driven the foregoing cargo vehicle on the road in front of the “D” gate in the Gangseo-gun, Gangwon-do, and proceeded at a speed of about 50 km for a speed of about the speed of 50 km.

At that time, there is a center line of yellow solid lines and a place where a vehicle is located in the front section of the construction site, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle in front and in front. Thus, the person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in front and in front, without breaking the center line, and operating the steering system, brakes and other devices of the motor vehicle in line with the direction of the road.

Nevertheless, the Defendant neglected to do so and caused the victim to go beyond the road floor by driving the central line in order to overtake the fire-fighting vehicle done in front of the Defendant’s person. The victim E (the 50-year old-old-age-old) driven by the victim E (the 50-year-old-old-age-old) who normally proceeds from the opposite direction. The Defendant got the victim to go beyond the road floor.

Ultimately, the Defendant suffered injury to the victim, such as around the left-hand 12 weeks of medical treatment due to such occupational negligence, such as around the top-hand side of the light franchisium and the alley, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

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

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 circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment recommended according to the sentencing criteria (the type of determination) general;

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