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(영문) 대전지방법원 천안지원 2014.08.22 2014고단675
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 who is engaged in driving CK7 cars.

On March 29, 2014, the Defendant driven the said car on March 10, 2014, and got a U.S. to proceed to the opposite direction while driving a road in front of the members of the Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul.

Since there is a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and to make a U-turn at the permissible point of U-turns in accordance with good faith.

Nevertheless, the Defendant neglected to do so and neglected to commit so, thereby putting the center line in contravention of the signal, and got the victim D (W, 49 years old) who was driving in the front part of the said K7 car in the front part of the said K7 car, which was driven by the Defendant, was driven by the victim D (W, 49 years old) in front of the driving seat of the E Pote car.

After all, the Defendant suffered from the above occupational negligence as above, injury to the victim D, injury to cerebral cerebral in the number of days of treatment, injury to the East F (53 years old) of the pleke wall of the treatment days, injury to G (78 years old), and injury to the unclaimed salt of the treatment days to H (7 years old), and injury to H (7 years old) about 12 weeks of the treatment days, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (to hear reports on telephone statements, such as the progress of medical treatment after an accident to the victim D, F, G, and H);

1. The actual survey report and the occurrence of traffic accidents;

1. Application of each medical certificate and Acts and subordinate statutes of the request for entrustment;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 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 Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims H with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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