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(영문) 창원지방법원 통영지원 2014.12.10 2014고단817
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 engaging in CM520 V car driving.

On August 16, 2014, the Defendant driven the above car at around 17:30, and proceeded with the national highway No. 14, located in the Gyeong-gu, Gyeongnam-si, Gyeongnam-si, according to one-lane between the two-lanes from the high side and the parallel of the national highway No. 14.

At the time, the Defendant was behind the victim D (n, 47 years old) driving in the same direction, and in such a case, the Defendant had a duty of care to look well about the situation and secure a safe distance to avoid when the vehicle stops.

Nevertheless, the defendant found that the above victim D's car was set rapidly by negligence while neglecting this, and operated the above victim D's car rapidly, but the defendant did not avoid the vehicle but did not conflict with the part of the victim's car behind the vehicle.

Ultimately, the Defendant, by such occupational negligence, suffered from the victim F (55) of the said victim D’s clock, tensions, etc., requiring approximately two weeks of treatment. At the same time, the Defendant suffered from the victim F (55) of the said D’s car the injury of d’s clocks, tensions, etc., of clocks, which requires approximately two weeks of treatment to the victim G (53 years of age), of clocks, tensions, etc., of clocks, and tensions, which require approximately two weeks of treatment to the victim H (59 years of age, 57 years of age), from the victim H (59 years of age), the injury to the victim’s clocks and tensions, etc., of clocks that require approximately two weeks of treatment to the victim F (57 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a traffic accident report, statement on the occurrence of a traffic accident, actual condition investigation report, and medical certificate;

1. Article 3 (1) 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;

1. Selection of penalty;

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