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(영문) 제주지방법원 2015.05.27 2015고단235
교통사고처리특례법위반
Text

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

However, 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

On November 27, 2014, the Defendant is a person who is engaged in driving C and freight cars. Around 15:50 on November 27, 2014, the Defendant driven the above vehicle and re-entered the above vehicle into the moving line with a character of 500 meters wide from the entrance of the said vehicle at the flood of the Nam-gu, Nam-gu, South-gu, Seopo-si, into a water networking area with a flowing line from the water network to the west, and thus, a person engaged in driving service has a duty of care not to intrude the central line, despite the fact that the central line was not infringed, the Defendant was obliged to take care of the said vehicle at the speed of the victim D (the age of 41) in order to overtake the EW car at the right edge of the said vehicle, and suffered an injury to the victim, such as stress on the left part of the said vehicle, and suffered an injury to the victim at the age of 3 (the above 1st century).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on internal investigation (Attachment to a black stuff image data closure), a report on internal investigation (verification of a shielded vehicle), a report on internal investigation (Attachment to a medical certificate, etc.), a report on internal investigation (Attachment to a medical certificate and a certificate of a certified copy of a medical record);

1. Application of Acts and subordinate statutes to data on photographs of damaged vehicles and photographs at accident sites;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The scope of recommendation, sentence (the traffic crime group, general traffic accident, the first category (the injury of traffic accident), the aggravated area, August to June of imprisonment without prison labor) and the following grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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