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(영문) 춘천지방법원 영월지원 2014.01.14 2013고단548
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 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 of a fixed-line cargo vehicle C.

On September 15, 2013, around 19:30 on September 15, 2013, the Defendant driven the above cargo at a 424 local road located in the Dosan-ri Eup of the Jeongwon-gun, Gangwon-do, and proceeded at an unsured speed according to the road of one lane from the north-ri Seaside to the east-ri, Dong-ri, Dong-do.

At the time, there are two-wheeled motor vehicles that are driven by the victim D(35 years of age) in the opposite part, which are located at night and where the center line of the yellow-ray is installed, there was a duty of care to live well in the front left and to proceed with it at a safe speed and in a safe manner.

Nevertheless, the Defendant neglected this and failed to avoid the two-wheeled vehicle of the above victim who was driven by the central line, which was driven by the North-ri plane from the surface of the opposite part of the opposite part, and received the front wheels of the above damaged vehicle from the front part of the cargo vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the entrance to the left-hand part of the need for treatment for about eight weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A D medical certificate;

1. The actual investigation report on each traffic accident;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations such as the fact that there is no criminal record or no criminal record of the same kind of crime or suspended execution for the defendant, the fact that the cargo vehicle driven by the defendant has been covered by the comprehensive

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be limited to the scope of the recommended sentence according to the sentencing guidelines.

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