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(영문) 수원지방법원 평택지원 2013.04.11 2013고단100
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On December 1, 2012, at around 17:05, the Defendant driven a sealed truck of B 1 ton, and caused a traffic accident that leads to a shock on the left side of the Dracking vehicle, which led to the front side of the Dracking vehicle and the front side of the Dracking down of the Dracking vehicle, which was driven in accordance with the flow signal from the front side of the Defendant driving vehicle to the reduction side of the front side of the Fracking the front side of the Fracking the front side of the Cracking down from the Fracking off of the Fracking off, while driving the Fracking 1 ton of Pyeongtaek-si at Pracking.

Victim E (the 34 years old) who is a driver of a low-speed vehicle due to the above traffic accident, suffered bodily injury, such as spine pel, which requires approximately 12 weeks of medical treatment, and Victim F (the 55 years old) who is the driver of a ready-mixed vehicle, suffered bodily injury, such as light dump sale, which requires approximately 2 weeks of medical treatment.

As a result, the defendant caused the injury of a person by negligence of driving a motor vehicle in violation of the signal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. The actual investigation report on traffic accidents, reports on the occurrence of traffic accidents, and on-site photographs;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (it did not have the same kind of force exceeding a fine, was covered by a comprehensive insurance, and it was considered that separate criminal agreement has been reached with E, a middle wounded person;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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