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(영문) 창원지방법원 마산지원 2015.12.09 2015고단824
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 drives a CL car.

On July 7, 2015, the Defendant driven the said car at around 06:30, and proceeded with a road of about 50 km in front of the E, located in the Hannam-gun, Hannam-gun, Hannam-do, at the Myeon of the Gun north-do in the direction of the Si-Eup.

Since there is a center line of yellow solid lines, a person engaged in driving motor vehicles has a duty of care to safely operate on the right side of the road in compliance with his/her own car line.

Nevertheless, the Defendant’s negligence caused the Defendant to shock the front part of the G Juke car driven by the Victim F, which was driven by the victim F, who was under the opposite part of the central line by neglecting it, into the front part of the car.

The Defendant, by such occupational negligence, suffered injury to the victim F, such as cutting off the body of the mission, which is the left-hand body in need of medical treatment for about 16 weeks. The Defendant suffered injury to the victim H of the said passenger car, such as other injury to the victim H, who has no open body within the chest River in need of medical treatment for about 4 weeks, injury to the victim I, such as a head open room for about 4 weeks, and injury to the victim J, including a complete escape for about 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of K prepared by the police;

1. A statement prepared by the F;

1. The actual survey report on traffic accidents;

1. Application of relevant laws and regulations to F, H, I, and J

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the confession and reflect of the defendant, the absence of any previous record, the victim H, I, and J, the fact that an automobile driven by the defendant is covered by

1. Social service order under Article 62-2 of the Criminal Act;

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