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(영문) 창원지방법원 밀양지원 2015.04.23 2014고단504
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On October 17, 2014, the Defendant driven the above car on October 17, 2014, while driving the car and driving it on a one-lane road in front of the Djun station in Syang City C from the surface of the bank to the air protection area in a narrow speed, and driving it at a speed of about 50km per hour.

At the time, the road is be bended to the right, and the center line of yellow-ray is installed. Therefore, the person engaged in driving motor vehicles has a duty of care to drive motor vehicles so that accidents do not occur due to the collision of the center by using steering devices and brakes.

Nevertheless, the Defendant neglected to do so and caused injury to the victim E, such as a divers, which requires medical treatment for about 12 weeks, by causing a traffic accident in front of the said car, which was driven by the victim E with the opposite direction on the road of the central line, due to negligence in the course of duty driving the central line, and by causing a traffic accident in front of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, a traffic accident actual investigation report, and a diagnosis report;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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