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(영문) 의정부지방법원 2014.03.07 2013고단4263
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of the Class B and III cargo vehicles.

On August 1, 2013, the Defendant driven the above cargo vehicle at around 18:00, while driving it, at the speed of about 10km/h from the side of the Sincheon-do along the two-lane road in front of 580-1, the Defendant continued to drive the said cargo vehicle at a speed of about 10km/h from the side of the Sincheon-do, and continued to drive it to the opposite way in front of the intersection in front of the Songcheon-do.

Since there is a center line of yellow solid lines, there was a duty of care to protect drivers and to prevent accidents in advance by safely operating the tea and safely operating the internship at the permissible point of internship.

Nevertheless, the Defendant neglected to do so, and went through the above intersection from the opposite part by the negligence of the stoning the center line of the yellow-ray, and turned down the front part of the DNA motorcycle driven by the victim C(18 years old) with the right side of the above cargo vehicle of the Defendant driving.

Ultimately, the Defendant suffered injury to the victim C, such as the closure frame of the damaged part, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. A suspended sentence under Article 62 (1) of the Criminal Act has been sentenced two times to a suspended sentence due to a crime of violation of the Road Traffic Act, but considering the fact that a driver's license was acquired on July 13, 201, the victim seems to have been negligent in violating the signal, and the fact that the victim agreed with the victim, etc.);

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