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(영문) 창원지방법원 2013.09.25 2013고단965
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 dual-wheeled vehicle for mixed CBR 100R games.

On July 8, 2012, the Defendant driven the above vehicle on July 12:00, and started from the Mac-3 points of POST 2-3 points in the COST Stick Stak Stick Stick Stick Stick Stick Stack, which is located in the Guideadong at the time of Tae-gu, and came back to the bend POST Ra, the Defendant returned to the bend POST Ra.

At the same time, many wheeled vehicles, which enjoying the phishing game, are driving in the vicinity of each other without speed limit due to the characteristics of the game, and thus, the driver of the vehicle has a duty of care to safely drive the vehicle by taking into account the front and right and the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so and neglected to do so, the part of the back wheels of the victim D (the age of 34) drive E which was prior to the same direction is mixed with the operation of the Defendant, and received the back wheels of the two-wheeled vehicle as the part before the left-hand side of the two-wheeled vehicle.

After all, the Defendant suffered approximately 12 weeks of medical treatment to the victim due to the above occupational negligence. The Defendant suffered a salt farm, which is a slive slive to the right slives.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement made to D by the police;

1. A written reply for each fact-finding, namely, clishing, and G;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates (D) and opinions;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence is that the defendant, due to occupational negligence, suffers from an injury that is not less vulnerable to the victim, and that the defendant did not agree with or have not been used, is disadvantageous to the defendant. However, it is contrary to the recognition of his mistake, and it is contrary to the two-wheeled vehicle.

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