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(영문) 대전지방법원 서산지원 2016.05.26 2015고단921
교통사고처리특례법위반
Text

1. The punishment of a defendant shall be determined by a credit cooperative for six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a substitute driver who is a victim C(43) owner of the victim C(43). The defendant is a person who is engaged in driving a DNA car.

On July 31, 2015, the Defendant driven the above car at around 23:15, and proceeded with the flow distance, which is a flow-based account of the Pasan City at the Seosan City, from the west-si to the west-si. 126.7 km at the speed of Sinsan.

At night and at that time, Defendant’s moving direction signal, etc. was in the state of flickering lights, and the speed limit is 80 km per hour. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by driving the vehicle in advance by ensuring that the driver of the vehicle is obliged to thoroughly drive the vehicle at front time and drive the vehicle on another traffic or safety sign, while complying with the speed limit.

Nevertheless, the Defendant neglected this and failed to discover the F E (56) Maz car driven by the victim E (56) who was left to the left in accordance with the red light on and off from the surface of the sea at the surface of the e-mail and failed to run the e-mail car at the restricted speed exceeding 47.7 km, and received the front part of the Maz car as the front part of the Maz car.

As a result, the Defendant suffered injury to the victim C, who boarded the above Bosch Rexroth car due to the above occupational negligence, such as salt, tensions, etc. in need of approximately two weeks medical treatment, and injury to the victim E, who suffered from an injury to blood transfusion, etc. under the center of the head which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement against G or C;

1. The actual survey report and photographs related to traffic accidents;

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, Article 268 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Recommendation.]

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