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(영문) 창원지방법원 통영지원 2017.06.15 2017고단399
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended 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 engaged in driving CEX car.

On February 26, 2017, the Defendant driven the above car at around 20:10, and turned two lanes at the speed of about 10km in speed from the scam to the high-speed slope of the city, the speed of which is about 10km from the scam to the high-speed slope of the city.

At the time, there is a duty of care to drive safely in accordance with the signals, since it is a three-distance intersection where signals are installed at night and there is a duty of care to drive safely.

Nevertheless, the Defendant was negligent in neglecting this, and the part above the left-hand side of the Defendant’s driving of the victim D( South, 60 years old) driving in the two-lane in accordance with the straight line under the Manman No. Ma in Earn Part, which was the direct right-hand side of the Defendant’s driver’s car.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the above victim D, such as scarke, etc. requiring approximately 6 weeks of treatment, injury to the victim F (V, 54 years of age) who was on the top of the above rocketing car operation; injury to the victim G (V, South, and 69 years of age) who was on the part of the Defendant’s driver’s EX car in need of approximately 8 weeks of treatment; injury to the victim H (V, 63 years of age) who was on the same vehicle in need of approximately 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A H statement;

1. A survey report on actual condition and an accident scene photograph;

1. Investigation report (related to the confirmation of the occurrence of a traffic accident in violation of signal);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 Competition;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the defendant's signal at night.

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