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(영문) 창원지방법원 밀양지원 2014.08.07 2014고단97
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B motor vehicles.

Around 16:00 on February 5, 2014, the Defendant driven the above motor vehicle and driven the road of the Masan-ri, Masan-ri, Masan-ri, Masan-ri, at the speed of about 40km from the Masan-ri to the Masan-ri.

In this case, a person engaged in driving service has a duty of care to prevent accidents, such as overcoming the central line and not passing ahead, because there is a situation where the center line of yellow solid lines is installed is the lebane of one lane and is prior to the same room.

Nevertheless, the Defendant neglected to do so and did not secure a sufficient distance from DT 100 motorcycle driving by the victim C after overtaking the left-hand line of the proceeding direction, and instead returned to the right-hand side of the said vehicle without securing a sufficient distance from the DT 100 motorcycle driving by the victim C, and caused a traffic accident involving the victim’s arms to be loaded on the right-hand side of the said vehicle. The Defendant suffered an injury to the victim, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement concerning C;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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