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(영문) 수원지방법원 2015.11.05 2015고단3557
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle at the horse at B.

On June 23, 2015, the Defendant driven a car at the above horse 02:19, and turned to the direction of the intersection distance from the distance of the transfer company to the direction of the intersection distance, since it came to the expansion tree 138-3 in the 138-3 Haak-dong, Suwon-gu, Suwon-si.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by reducing speed and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and took the front part of the vehicle in front of the horse at the right side of C-ro, which was proceeding on the opposite lane, by negligence beyond the median line while driving a right side without lowering speed.

Ultimately, the Defendant caused the injury to the victim D (the 49-year-old driver) who is the cab driver of the cab due to the above occupational negligence, such as cage cages at the left 7th left, which requires approximately 4 weeks of treatment, and the injury to the victim E (the 69-year-old passenger) that requires approximately 16 weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a horse B at a section of about 300 meters up to the distance of each intersection located in the same Gu, on the roads in front of the sub-section in the hand-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each traffic accident related to D or F;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Photographss and vehicle photographs by capturing the head of an accident;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of penalty;

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