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(영문) 대전지방법원 2018.03.06 2017고단3718

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 engaging in driving a rocketing car.

On March 13, 2017, the Defendant driven the above car at around 13:20 on March 13, 2017, and continued to turn to the left the right at the four-distance off of the Seocho-gu Daejeon, Daejeon.

At the same time, there was a duty of care to prevent accidents in advance by safely keeping the safety distance with other vehicles by checking the front side and the left and right of the driver of the vehicle, while maintaining the safety distance with other vehicles.

Nevertheless, the Defendant neglected to do so and proceeded on the front side of the motor device bicycle driven by the victim D (87 tax) who was driving on the front side of the motor device that the Defendant got out of the above road by the victim, thereby causing about 8 weeks medical treatment to the victim, thereby undermining the victim's recognition function.

Accordingly, the defendant caused a traffic accident, resulting in injury to the victim, and caused the victim to suffer an incurable or incurable disease due to the above injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Medical certificates and opinions;

1. (1) (2) Application of the actual survey report, accident scene, and vehicle photograph-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the victim suffered an injury from an incurable or incurable disease due to the decline in recognition function due to the instant accident, etc., and the victim has already been hospitalized for a long time as well as the nursing worker in the future.