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(영문) 창원지방법원 2016.01.14 2015고단3013
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a first car in B.

On August 4, 2015, the Defendant driven the above car at around 06:10, and driven the three-lane road in front of the long distance in the outer East-dong, Kimhae-si, along the two-lanes from the outer axis of the parallel.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, waiting for the signal at the first-lane of the central line due to the negligent negligence, and received the front part of the D Poter Cargo Vehicle which was driven by the victim C(66 years old) (66 years old).

After all, the Defendant suffered injury to the victim C, such as external injuries caused by the 5-6 Rapped signboards, which require approximately 16 weeks of treatment, due to the above occupational negligence, and suffered injury, such as the breath of the pellet, which requires approximately 12 weeks of treatment to the victim E (V, 63 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report;

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. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] - Class 1 (Bodily Injury resulting from Traffic Accidents) in general traffic accident area (one month to June) - Since there are other crimes in a mutually competitive relationship, it shall be used as reference materials. [The decision of sentencing is made 6 months by imprisonment without prison labor ] , 2 years by suspended sentence (including serious efforts to recover damage), 3 years by suspension of execution (including cases where it is against the victims, etc.)

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