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(영문) 대전지방법원 서산지원 2017.09.21 2017고단178
교통사고처리특례법위반(치상)
Text

1. The punishment of a defendant shall be determined by imprisonment without prison labor for three months;

2.Provided, That the above punishment shall be imposed for a period of 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 a CF truck.

On December 17, 2016, the Defendant driven the above cargo vehicle at around 10:35, and led to a road in front of the housing unit D located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the seat of Taean-ean Eup.

Since there is a place where the center line of yellow solid lines is installed, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle while keeping the car line with the front line and the left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and caused the Defendant’s vehicle to go up to the right side of the proceeding direction, and caused the Plaintiff E ( South, 55 years old) who was proceeding in the direction of the course by overcoming the central line by the negligence of excessively manipulating the hand in order to restore the above cargo vehicle to the direction of the road in order to restore it to the direction of the road.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as the upper half-half of the left-hand frame in need of approximately 14 weeks of treatment, and the injury to the victim G ( South and 56 years of age) who was on board the franchising car together with the said franchising car, such as franchising franchisium franchisium, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition and photographs on the scene of accidents;

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

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account all kinds of sentencing conditions, including the fact that the defendant was the first offender, the victims, and the age of the defendant);

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