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(영문) 대전지방법원 천안지원 2018.04.27 2018고단148

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a math truck.

On October 17, 2017, the Defendant driving the above vehicle around 16:20, and driving the two-lanes in front of Asan City along the intersection in the direction of Asan apartment, and driving the two-lanes in the direction of the East apartment.

At the same time, the signal lights are installed, and the crosswalks are installed on the front side. In such a case, there was a duty of care to prevent accidents in advance by driving safely after checking whether a person engaged in driving a motor vehicle temporarily stops or reduces speed and well sees the right and the right on the front side.

However, the Defendant neglected this and proceeded without properly examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

As a result, the Defendant suffered injury to the victim, such as the closure of the body frame, which requires approximately 10 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (25 pages of investigation records);

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and investigation reports;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident scene and shock photographs of vehicles under way;

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;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 1 (person subject to special mitigation of traffic accidents) and no penalty (the scope of recommended punishment] shall be mitigated, the area of reduction of punishment by imprisonment without prison labor for not less than one month but not more than eight months;

2. The defendant who is sentenced to a sentence has dried up the crosswalk by negligence; and