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(영문) 창원지방법원 2016.03.24 2015고단3208
도로교통법위반등
Text

Defendant shall be punished by imprisonment without prison labor for four 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

Criminal facts

The Defendant is a person who drives a observer vehicle B.

On February 20, 2015, the Defendant driven the above vehicle at around 14:35, and driven the above vehicle, leading to the three-lane road in front of the mountain village at the south of the Jinbuk-gu, Changwon-si, Masan-si, the south coast, along three-lanes from the south of the Jinbuk-do tunnel to the front tunnel.

At the time, since the passage of vehicles is frequent, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system around the driver.

Nevertheless, the Defendant neglected to do so and received the right shouldering day from the upper side of the above vehicle to the right side of the above vehicle, and changed the center from the three-lane to the one-lane, and received the center separation as the front part of the above vehicle. In the process, the Defendant received the front part of the victim C (28 tax) who drives two lanes in the same direction from the rear side of the two-lane in the same direction.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence, and at the same time, damaged the central separation unit owned by the victim of the Republic of Korea to cover KRW 25,231,950 of repair cost, such as so-called flick-in painting, and KRW 446,160 of repair cost, such as drick-in exchange, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Medical certificate (C);

1. Written estimate for inspection and maintenance (D);

1. Application of the estimated damage to traffic accident facilities-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning criminal facts (a point of causing a traffic accident by occupational negligence);

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. The Criminal Act, the suspension of execution;

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