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(영문) 대전지방법원 홍성지원 2015.03.18 2014고단820
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving the C&L car.

Around 16:40 on August 8, 2014, the Defendant driven the said car and proceeded one way in front of the new reservoir in front of the new reservoir in front of the front of the Sindo-si in Bonsan-si, Bon-si, Bon-si, Bon-si, Bon-si.

The location is where the center line of yellow solid lines is installed at the right right edge, so in such a case, the driver of the vehicle has a duty of care to see the front line, observe the central line, and prevent the accident by reducing the speed.

Nevertheless, the Defendant, by negligence, neglected to commit the central line in front of the vehicle and proceeded along with the central line in front of the vehicle, and discovered the E-mail vehicle driven by the victim D(the age of 46) who was driven by the Switzerland at the seat of the Switzerland at the seat of the Jeju-si and tried to return it to the Defendant’s proceeding. However, in the process of avoiding the said cargo vehicle into the opposite lane, the said cargo vehicle conflicts with the front part of the said vehicle’s right part in front of the said vehicle to avoid the Defendant, thereby causing injury to the victim D, who was accompanied by the cargo vehicle, such as an injury, inside the right part and a dub, etc., necessary for treatment for about 6 weeks, and suffered injury to the victim F (the age of 15) who was accompanied by the cargo vehicle, such as the right side part and the right side part, which require treatment for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The actual condition survey report;

1. Medical certificate (D), medical certificate (F);

1. Application of the comprehensive traffic accident analysis letter-related Acts and subordinate statutes;

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 (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

1. The Criminal Act, the suspension of execution;

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