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(영문) 대전지방법원 서산지원 2014.12.18 2014고단853
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cruise car.

On July 7, 2014, the Defendant driven the said car at around 06:11, and proceeded ahead of the Dart, which is located in C, from the modern steel industry, to the turbly tide embankment.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle at all times and safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and led the victim E (the older than 45) who was normally driven by the negligence of the left-hand turn at the center line as it was, and led the victim E (the older than 45) to go out of the road to the right-hand side of the damaged vehicle, and led the victim G(the older than 58) who was in front of the damaged vehicle to shock the right-hand side of the damaged vehicle, and continued to have the damaged vehicle go to the telegraph in front of the damaged vehicle.

As a result, the Defendant suffered injury to the victim E by his occupational negligence, such as the injury to the left-hand slots that require approximately 14 weeks of treatment, and the injury to the victim G, such as the escape of the left-hand slots and alleys that need about 14 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. A written statement of the occurrence of G traffic accidents;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Reasons for imposing a sentence of selective imprisonment without prison labor [the scope of recommendations] general traffic accidents (the injury of traffic accidents) in category 1 (the injury of traffic accidents) and the basic area (the special form of punishment) (the decision of sentence] of this case is decided] The vehicle of victim E, where the defendant invadeds the central line, is driving of the defendant.

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