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(영문) 창원지방법원 거창지원 2016.03.23 2016고단13
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 engaging in driving freight vehicles B.

On September 13:45, 2015, the Defendant driven the above cargo vehicles and proceeded at a speed of 50 KK in the speed of speed of 50 KK at the beginning of the Sincheon-gun, the roads near the Yancheon-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-gun, the Seocho-

At all times, the center line of yellow-ray is installed, and the driver of the vehicle has a duty of care to thoroughly operate the front-round vision and accurately the steering and steering devices of the vehicle, so that the driver of the vehicle has a duty of care to prevent the accident by proceeding without breaking the center line.

Nevertheless, the Defendant neglected this and did not discover the victim C(68)'s freight vehicles, which were normally driven at the opposite level at the time when the Defendant was negligent in driving the center line, and received the front portion of the driver's seat of the said D freight vehicle as the left side of the vehicle loaded at the above B.

As a result, the Defendant suffered injury to the victim, such as the left-hand sleep, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A mail protocol;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of medical certificates);

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

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

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the degree of injury suffered by the victim due to the instant traffic accident, the Defendant’s driver’s vehicle has been covered by a comprehensive insurance, but the Defendant did not yet reach an individual agreement with the victim. However, each circumstances, such as the Defendant’s age, sex, occupation and environment, the background of the instant crime, circumstances after the crime, etc., are recorded.

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