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(영문) 대전지방법원 2016.07.27 2016고단1456

교통사고처리특례법위반등

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Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving a CSM 5 car.

On January 21, 2016, the Defendant driven the above car at around 01:40, and led to a four-lane road in front of the four-lanes of the mountain area in the direction of the mountain area in the direction of the mountain area in the direction of the mountain area in the direction of the mountain area in the direction of the mountain area in the middle-gu, Daejeon.

At the time, it is night and its location is where the center line of yellow solid lines is installed. In such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle in the front and the vehicle is safely operated.

Nevertheless, the Defendant neglected this, while driving the vehicle in close vicinity to the vehicle running ahead of it, was found late to find the vehicle in front of the traffic signal waiting, and received the front portion of the E-benched car driven by the victim D(30 ) who is directly driving by the Defendant at the opposite lane due to the negligence of driving the vehicle driving by the central line in order to avoid collision.

Ultimately, the Defendant, by such occupational negligence, destroyed the instant scopic car, which is owned by the victim D, for approximately KRW 64,173,40,00 for repair costs, to the victim F (30) who is the passenger of the said scopic car, for approximately 2 weeks of medical treatment. In addition, the Defendant damaged the instant scopic car, which is owned by the victim D to cover approximately 64,173,40 won of repair costs, such as the exchange of the preceding scopic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 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 facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: