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(영문) 창원지방법원 2017.08.30 2017고단2378
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a multilateral-type car.

On June 26, 2017, the Defendant driven the above van on the 14:00 on June 26, 2017, and led to the direction from the side of the Indian University to E the nearest road D in Kimhae-si.

Since there is a center line, which is a yellow solid line, there was a duty of care for the person engaged in driving service to thoroughly see the front line and safely drive the car line.

Nevertheless, the Defendant neglected this and interfered with the part of the front part of the G Poter Cargo which was driven by the Victim F (41 tax) which was driven by the negligence of the Defendant’s failure to commit the central line, and led to the shock of the front part of the G Poter Cargo to be driven by the Defendant’s driver.

Ultimately, the Defendant caused the injury to the victim H (e.g., 76 years of age) who was on the part of the Defendant’s son due to such occupational negligence, such as flaverization on the left-hand side in need of approximately 14 weeks medical treatment, and the victim F suffered injury such as salt, tension, etc. in need of approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Alternative imprisonment without prison labor;

1. Persons who are subject to the special sentencing guidelines in the period of suspension of execution, Article 62(1) and Article 62-2 of the Criminal Act, and Article 62-2 of the Order to Attend shall be subject to the aggravated sentencing of one traffic accident resulting from the aggravated reduction of the classification of types between January and August, and from August to August, and two years: The sentencing of the mitigated sentencing factors (unnecessary of punishment): General sentencing factors in the mitigated sentencing area (one month or August): The sentence of imprisonment without prison labor for up to eight months: The imprisonment without prison labor for up to one year in the suspended sentence, one year in the suspension of execution, one year in the middle of a period of one year in the suspension of execution, and one year in the middle of a course: the confession, the confession of the victim H, the victim's failure to punish the victims, etc.

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