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(영문) 창원지방법원 진주지원 2016.02.03 2015고단1139
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 a C carren car.

On October 31, 2015, the defendant operated the above car at around 13:10, and operated the national highway No. 3 around the 3th west-gun, the west-gun, the west-gun, the west-gun, to the breadth.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by checking the front side and the left side.

Nevertheless, the Defendant did not accurately see the view of the front day due to the sunlight, and she was faced with the center line of the yellow-ray in a place where she was faced with the center line, and was driven by the victim D(W, 32 years old).

Ultimately, the Defendant suffered, by such occupational negligence, from the victim D’s cirical pressure, a cirrhum cirrosis, which requires approximately 10 weeks of medical treatment to the victim F, a passenger of the said A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence of a traffic accident, a report on a traffic accident (1) a report on actual condition, and a report on a traffic accident (2) a report on actual condition;

1. Written statements of D;

1. Each medical certificate and opinions of serious injury;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the traffic accident in this case occurred due to the Defendant’s deprivation of the central line while driving, the degree of occupational negligence is heavy, the injury inflicted on two victims of the traffic accident in this case, and the degree of the injury was serious. In light of the fact that the Defendant’s criminal liability is not easy, but the Defendant reflects the Defendant’s criminal act, and the victims want the Defendant’s punishment as agreed with the victims.

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