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(영문) 창원지방법원 마산지원 2013.07.02 2013고단176
교통사고처리특례법위반등
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 of a farmer B.

On September 28, 2012, the defendant driving a Trackter around 20:40 on September 28, 2012, and proceeding one road in front of the Simsan bus terminal located in the Gumsan-gun, Hackan-gun, Hackan-gun, Hacksan-gun, with the right turn to the left to the left of the bar.

At the same time, the road has been set up at night, and the center line of yellow-ray is installed. In such a case, the driver of the vehicle has a duty of care to thoroughly operate the vehicle on the right side of the road by keeping the string and maintaining the string line.

Nevertheless, due to the negligence of driving the route installed in the Trackter in front of it in front of it and driving it by the opposite line beyond the median line, the injured party C(45 years old) driver's car driving on the opposite side of the direction of the proceeding was placed in front of the Track motor vehicle in front of the Trackter.

The Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment, such as blood transfusion, etc.

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 written diagnosis;

1. A report on investigation (on the direction of driving a damaged vehicle);

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 and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. The portion of dismissing prosecution under Article 62(1) of the Criminal Act (in the case of the defendant, there is no power to commit any crime except a fine imposed once as the crime of embezzlement, his mistake is pened in depth, and an agreement is made with the victim)

1. The summary of the facts charged is the person who is engaged in driving of the B deaf Tractor.

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