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(영문) 창원지방법원 마산지원 2013.09.17 2013고단423
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a beer or vehicle B.

On March 30, 2013, the Defendant driven the above vehicle at around 16:10, and proceeded toward the direction of the public corporation by running the vehicle in the direction of the Haban-gun located in the direction of one lane in front of the vibration village in the Haban-gun.

At this point, there is a center line of yellow-ray, so in this case, there was a duty of care for the person engaged in the vehicle driving business to thoroughly operate the front-way and to safely operate the car line.

Nevertheless, the Defendant neglected this and went beyond the median line and received the part of the front part of the Defendant’s vehicle driving dumpp vehicle C (54 years old) driving dump vehicle in the direction of Liber in the direction of Liber, which was going beyond the center line, from the south of the direction of the Defendant.

As a result, the Defendant suffered injury to the driver of the damaged vehicle C, such as fele knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne knee kne knee knee kne

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Each medical certificate and opinion;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the majority of the victims, and the degree of injury suffered by victims E and G is not easy, but the defendant is the primary offender, and his mistake is divided in depth.

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