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(영문) 대전지방법원 2016.07.14 2016고단1302

교통사고처리특례법위반

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 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 rocketing car.

On March 31, 2016, the Defendant driven the above car around 17:20 on March 31, 2016, while proceeding with the four-lane road in front of the restaurant in Daejeon Jung-gu, Daejeon, along the direction from the right four-distance. The Defendant was making a U-turn.

On the front of that place, there was an intersection where signal lights were installed, and the left or the right-hand turn-handton was allowed to walk signal, so a person engaged in driving service has a duty of care to observe the traffic signal well, to check the front, right-hand, and left-hand, and to accurately manipulate the steering system and the brake system, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and received the front wheel part of the Defendant’s car driving by the victim F.(48 tax) who was driven by the Defendant under normal signals from the direction of the f.m. (48 tax) that was driven by the Defendant’s driver’s vehicle at the right right side of the bicycle, due to the Defendant’s negligence in contravention of the signal.

Ultimately, the Defendant suffered injury, such as mination of the left-hand executives in need of approximately 12 weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the defendant has a history of punishment several times as a type crime in favor of the defendant, and that the defendant has been subject to punishment once for the same kind of crime in the past.