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(영문) 대전지방법원 서산지원 2016.11.24 2016고단563

교통사고처리특례법위반(치상)

Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving C Trucks.

On May 3, 2016, the Defendant driven the above cargo vehicle on May 19:17, 201, and driven the road of D and E in front from the right side to the right side.

At this point, there is a center line of yellow-ray, so in this case, the driver of the motor vehicle has a duty of care to see the front line for the driver of the motor vehicle, and to drive the motor vehicle safely without breaking the center line by accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and caused injury to the victim F (L, 53 years old) who was driven by the victim F (L, 53 years old) who was living in the opposite part of the center line due to the negligence of the Defendant, thereby getting the front part of the car loaded with the above cargo, and suffered about 12 weeks of medical treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, F, and I;

1. The actual survey report and related photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and (2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1) and (2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommendation] the basic area (4-1 year) of the victim (the decision of sentence] did not agree with the victim even though the defendant inflicts a large injury on the victim due to traffic accident. The victim seems to have raised a great punishment against the victim to the extent that the victim seeks a severe punishment against the

Although the defendant deposited 12 million won for the victim, there are favorable circumstances, such as the fact that there is no longer a comprehensive insurance policy or a fine exceeding the amount of fine, the defendant should be sentenced to punishment with the expectation that the victim should be able to seek a letter in the truth and endeavor to recover from damage, but the statutory detention should not be made.

The above circumstances and age of the defendant;