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(영문) 창원지방법원 마산지원 2013.06.04 2013고단115
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 a person who is engaged in driving of the Crane vehicle.

At around 11:03 on December 5, 2012, the Defendant proceeded one lane in front of the Yangpyeong-gu, Changwon-si, Changwon-si, Busan Metropolitan City, at about 40km each other at a speed of about 50km each other from the east-ri to the west-ri.

Since there is a place where the center line of yellow-ray is installed, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the brake and steering while keeping the lane well by keeping the front section and the left and right, and accurately operating the steering system.

Nevertheless, the Defendant neglected this and led the victim to the left side of the victim D (the 59-year-old 59-year-old motor vehicle) driving ahead of the said franchise, and caused the victim to go beyond the road with the front and rear side of the said motor vehicle's left side of the said motor vehicle due to the negligence of breaking the said median line.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence by suffering from an injury of blood transfusion, etc. in two external traumas where there is no open room for treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the occurrence of a traffic accident and reports on the occurrence of each traffic accident;

1. Two copies of a medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (fields and photographs, such as earth and rocks);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant is repenting his mistake in depth, the victim is not punished and the driver's vehicle has been covered by a comprehensive insurance contract with the victim, etc.);

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