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(영문) 전주지방법원 2017.10.24 2017고단1060
교통사고처리특례법위반(치상)
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 a person who is engaged in driving of freight vehicles B 25 tons.

On February 11, 2017, the Defendant driving the above vehicle at around 03:15, and driving the vehicle at around 03:15, and driving the four-lane road in front of the Fudong apartment in 1022, as in the direction of the Jeon-gu Seoul Metropolitan City, had the U.S. U.S. to drive the vehicle at the opposite direction while driving the four-lane road in front of the Fudong apartment in the direction of the Korea Water Resources Corporation.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to make a internship at the point where the internship is permitted.

Nevertheless, the Defendant neglected this and was negligent in driving the center line, and received the full part of the coos vehicle from the right side of the Defendant’s driving vehicle to D, which was driven by the victim C (45 years) (45 years) who was driving along the two lanes in the opposite part.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand body felging body felg, which requires approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. 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 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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) an agreement is reached with the victim on the grounds of sentencing under Article 62-2 of the Criminal Act; (b) the Defendant, while driving a large-scale cargo vehicle with 25 tons, attempted to drive the central line without permission, caused the instant accident; and (c) the victim suffered serious serious injury; and (d) the circumstances and result of the instant accident, the Defendant’s age, occupation and living environment, and the Defendant’s previous conviction, etc. are considered.

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