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(영문) 수원지방법원 성남지원 2016.04.28 2016고단243
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving of a knife vehicle B.

On October 30, 2015, the Defendant got a U-turn in order to proceed to the opposite lane, at the entrance of the fourth Jeju vice head, at the entrance of the head of Si/Eup/Myeon, from the side of the city park in Ansansan National Park, along the one way way to the reservoir located in the inside of the city park, while driving to the opposite lane.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to make the driver engaged in driving of motor vehicles thoroughly and to keep the train at the point where the driver is permitted to do the internship.

Nevertheless, the Defendant neglected this and failed to discover the DNA bargaining car driven by the victim C (the age of 46) who was driving in the opposite lane due to the negligence of the central line, while driving the central line, and continued it as it is, and the Defendant was in the front part of the above passenger car operated by the Defendant, and received the front part of the damaged vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim E (V) who was on board the above victim E (V, 55 years old) due to the diversity impairment of the diversity of the bridge, etc., the injury to the diversity of the bridge that requires approximately three-day medical treatment, the injury to the victim F (V, 54 years old), and the injury to the divers of the brain diverse that requires approximately ten-day medical treatment, and the injury to the victim G (V, 48 years old), to the right upper part of the diverse pelle that requires about ten-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E, F and G;

1. The actual survey report and on-site photographs;

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, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act provides that the suspension of execution shall be limited to cases where there is no previous conviction and the victims have agreed to do so.

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