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(영문) 광주지방법원 2018.04.17 2018고단562
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 third car.

On December 28, 2017, the Defendant driven the above car at around 19:40 on December 28, 2017, and driven the front of the D, at the time of the city, at a speed of about 60 km per hour, depending on the three-lane road in the direction of the mountain.

At that time, since the center line of yellow real lines is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to keep the upper line from the center of the road.

Nevertheless, the Defendant was driving on the road without putting the front door properly, and received again the front door of the road beyond the center line, and received the front door of the victim E-driving car, which was going to go beyond the center line, as the last car.

Ultimately, due to the Defendant’s occupational negligence, the victim E suffered from the injury, such as the upper part of the upper part of the upper part of the upper part of the family council in need of approximately nine weeks of treatment, and the victim G who was sublime on the damaged vehicle with approximately twelve weeks of treatment, respectively, the injury of the upper part of the family council in need of approximately twelve weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident;

1. Reports on internal investigation (victim E telephone investigation);

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea;

A. Unfavorable Conditions: The occurrence of the instant traffic accident by the course of the central line collision, the injury inflicted on two victims, the injury inflicted on the victims, and the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2008 before the instant case.

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