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(영문) 전주지방법원 2017.09.12 2017고단1075
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On May 1, 2017, the Defendant driven the above vehicle at around 08:55, while driving the vehicle, and driving the vehicle at the right side of the road in front C in front of Kim Jong-si at the right side of the road at the right side. A person engaging in driving a motor vehicle has a duty of care to safely drive the vehicle to the right side of the median line and not to intrude the center line by thoroughly operating the steering gate and steering devices and accurately.

Nevertheless, the Defendant suffered from the negligence of driving the center line in the center line, resulting in the injury of the victim D(72) driving Eone Star car driving in the opposite direction, the front part of the Defendant’s vehicle, and the left-class frame in need of approximately seven weeks of treatment to D, and the victim F (59 years of age) who is a passenger of Lone Star car, for about ten weeks of treatment, the Defendant suffered from the injury of the victim G (67 years of age) who is the passenger of the Defendant vehicle, for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Application of Chapter Three 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, 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. The reason for sentencing under Article 62(1)2 of the Act on the Suspension of Execution is agreed with the victims of the reason for sentencing under Article 62(1) of the Criminal Act, and the vehicle is covered by a comprehensive insurance, and the defendant seems to have caused an accident by driving a vehicle while driving the vehicle while driving the vehicle. On the other hand, the defendant caused an accident of collision with the vehicle running on the opposite side of the center line, resulting in a serious serious injury to the victims.

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