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(영문) 창원지방법원 2013.10.15 2013고단1303
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On January 9, 2013, at around 13:00, the Defendant proceeded along the two-lanes in the street of the Kim 2 tunnel, which is located on the main village of Kimhae-si, along the direction of the Han River in the direction of the Han River.

At the same time, the E-wing and cargo cars driven by the victim D(51) have stopped on emergency lights due to the lack of fuel, and thus, a person engaged in driving business has a duty of care to prevent accidents in advance by properly operating the steering gear and brakes well.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding and received the back part of the said cargo vehicle as the front part of the said passenger vehicle.

Ultimately, the Defendant suffered from a serious injury to the victim, such as a safinal safinary safinary safinary and safinary safinary safinary safinal damage, which requires approximately 32 weeks of treatment due to

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. Application of Acts and subordinate statutes to a medical certificate, medical opinion, and copy thereof;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The punishment shall be determined favorably by taking into account the following facts: (a) the reason for sentencing under Article 62(1) of the Criminal Act (a) of the Act on the Suspension of Execution was caused by an accident caused by the Defendant’s reason for sentencing; (b) the victim was seriously injured; and (c) the Defendant was unable to agree with the victim; (d) the Defendant’s mistake was against the victim; (e) the Defendant was purchasing a comprehensive motor vehicle insurance policy; (e) the Defendant deposited the victim’s deposit of KRW 18 million for the victim; and (e) the Defendant was negligent to a certain extent for the victim

(b) for more than one year.

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