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(영문) 광주지방법원 2016.06.02 2016고단909
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM5 car.

On January 30, 2016, the Defendant driven the above car at a speed of about 60 km from January 30, 2016, and proceeded at a speed of about 60 km in speed, depending on the two-lanes of the two-lanes between the breath and the breaths of the shooting range at the entrance of the Naju City.

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving service has a duty of care to pass along the right side without breaking the center line.

Nevertheless, the Defendant neglected this and received the drums set up in front of the right-hand side of the running direction, and operated the hand on the left-hand side by the shocking of the center line, and received the front portion of the Defendant’s car in front of the driver’s car, the Fpoter Ⅱ driver’s driving of the victim E (28 S) driving, which was fpoter No. 28 knife along the two-lanes.

Ultimately, the Defendant caused the victim E by the above occupational negligence in light of the chest damage around 13:50 on the same day, and suffered from the Defendant’s injury to the victim G (e.g., the 52 years old), who was on the back seat of the passenger car, such as a cage cage at around 1 to 3 times the left-hand side requiring approximately 6 weeks medical treatment, and the Defendant’s injury to the victim H(21 years old) who was on the top of the passenger car operation, such as a chest cage for about 2 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J and H;

1. The application of the actual survey report, death diagnosis report, each diagnosis report, and each traffic accident evidence examination and photographing statutes;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational or an occupational physician), Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational or an occupational physician) concerning criminal facts;

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

1. Selection of penalty;

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