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(영문) 창원지방법원 마산지원 2014.06.17 2014고단118
교통사고처리특례법위반
Text

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

except that 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 also a person who is engaged in driving a car.

On October 05, 2013, 08:25 around 08:25, the Defendant was driving towards the north of the Gun in the direction of the Gun from the direction of the direction of the Gun.

Since there is a center line of yellow-ray, in such a case, a person engaged in driving service has a duty of care to thoroughly operate on the right side of the road by maintaining the train line.

Nevertheless, the Defendant neglected this and found that the victim C (year 71) was driving a DNA cargo vehicle in the bend part of the center line and delayed back to the right side of the center line. In the process of returning the vehicle of the Defendant to the front part of the center line, the Defendant avoided the vehicle of the Defendant with the front part of the vehicle of the Defendant, and received the front front part of the damaged vehicle entering the lane of the Defendant beyond the center line.

Ultimately, due to such occupational negligence, the Defendant inflicted injury on the victim E (V, 73 years old), who was on the top of the steering force of the victimized vehicle, due to the above occupational negligence, on the part of the above C, which requires approximately four weeks of treatment, and at the same time caused the victim E (V, female, 73 years old), who was on board the top of the damaged vehicle, to have the victim E (V, who was on board the top of the steering force of the victimized vehicle, to have the injury of the external injury caused by the damage of the external injury in Samsung

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, on-site photographs, death certificate, and diagnostic 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 alternative imprisonment without prison labor;

1. The circumstances are that one victim dies from the instant accident with the reason for sentencing under Article 62(1) of the Criminal Act, and that one victim suffers serious injury requiring four weeks of medical treatment, which are disadvantageous to the Defendant.

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