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(영문) 대전지방법원 서산지원 2016.06.28 2016고단318

교통사고처리특례법위반

Text

1. The punishment of a defendant shall be determined by imprisonment without prison labor for three months;

2.Provided, That the above punishment shall be imposed 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 C-A-hurd motor vehicle.

On March 4, 2016, the Defendant driven the above car at around 07:10, and proceeded to turn to the left at a speed of about 10km from the right side of the name school to the right side of the name school at the speed of about 10km from the right side of the name school at Seosan-si, Seosan-si.

Since there is a signal apparatus installed on the front side, there was a duty of care to prevent accidents in advance by safely proceeding in accordance with the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded to the left left-hand turn, the Defendant received the front part of the Efranzer XG car driving in front of the Defendant’s vehicle driver’s seat in front of the Defendant’s vehicle, which was driven by the Efoler XG driving from the left-hand side of the Defendant’s running direction to the Grandsan, in accordance with the new code.

As a result, the Defendant suffered injury to the victim F (V, 46 years old) who was accompanied by the car free-to-land due to the above occupational negligence by the victim F (L, 12 years old), which requires treatment between about 12 weeks, such as the complete part before the right side, the part of the Ga executives, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to survey reports on actual condition, traffic accident-related photographs, and diagnostic certificates;

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, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (no agreement, comprehensive insurance policy, nor more than fines shall be included);