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(영문) 수원지방법원 평택지원 2016.11.09 2016고단1954
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years 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 food truck in a temporary numberB.

On April 12, 2016, the Defendant driven the above truck on April 15, 2015:50, and continued to drive the truck at the speed of five lanes, 363.5km at the top of the parallel line at the 363.5km located in Pyeongtaek-si-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so that it does not cause any unexpected accidents with the front vehicle while maintaining a sufficient safety distance with the front vehicle and accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and led the Defendant to drive the D-crack-type car of the victim C (Nam, 28 years old) driving in the front part of the Defendant’s vehicle, and caused the said cruise car to be pushed forward in the future, and caused the said cruise car to be driven by the victim E (Nam, 41 years old) drive.

Ultimately, the Defendant, by negligence in the above business, inflicted injury on the victim C, such as cerebral sugars, which had no room for treatment for about three weeks, and suffered injury to the victim E and the victim G ( South and 42 years old) who was on board the victim E and his/her vehicle, in need of treatment for about three days, respectively, and damaged the victim C’s cruise car to be in excess of KRW 13,521,318, and damaged the victim E’s cruise car to be in excess of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. Each photograph (accident site, etc.);

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning the facts constituting the crime; and

1. Commercial concurrence;

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