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(영문) 춘천지방법원 강릉지원 2017.10.13 2017고단792
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 engaged in driving a motor vehicle B with detached motor vehicles.

On June 4, 2017, the Defendant driven the above car at around 06:40, while driving it at the same time in the East Sea, and driving two lanes in front of the same parallel in one lane, which is located at the speed of 95 (Sing out of Korea) at the same time.

Since there is a place where it is installed as a cost of separation in the center line, the driver engaged in driving service has a duty of care to prevent accidents by safely driving the center line without harming the center line.

Nevertheless, the Defendant neglected this, while driving at stroke, got a central separation unit of rubber material due to the negligence of driving, and proceeds as it is, and the Defendant got the front part of the victim C(46) driveed along one lane due to the negligence of strokeing the central line, and received the front part of the victim C(46) drive.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C, such as the laverization of the body laver, which is accompanied by a non-feling 12 or more weeks of treatment, on the part of the victim E (V, 43 years of age), on the part of the said cargo, on the part of the victim E (V) who was charged with the said cargo, for approximately three weeks of treatment, and on the part of F (V, 9 years of age) who was charged with the said cargo for approximately four weeks of treatment, such as the closure of the bones bones, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, reports on the occurrence of traffic accidents, field photographs, and medical certificates;

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 (see, e.g., the age, primary offender, and the fact that he/she has subscribed to a comprehensive insurance);

1. Order for community service and attending lectures;

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