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(영문) 대전지방법원 논산지원 2013.10.29 2013고단212

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On April 19, 2013, the Defendant: (a) driven a rocketing car around 14:10 on the 14:10th day, and got off the road in front of the “Yinsan District Oil Station” located in the outer side of the west at the time of Seosan, along the way from Daejeon to Seosan, due to the occupational negligence of the victim D (Nam, 54 years old) running from the opposite opposite lane to Daejeon while driving along one lane from Daejeon.

As a result, the Defendant suffered injury to the victim D, such as a flag of a flag in need of medical treatment for about 12 weeks, and injury to the victim F (F, 73 years of age) who was accompanied by the Defendant’s car, such as a flag of a flag in return for the left flag in need of medical treatment for about 16 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Application of the statutes on the actual condition survey, field photographs, etc., each written diagnosis and opinion, or the application of image;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): Reduction area: From Above June without prison labor to imprisonment without prison labor: No penalty shall be imposed.

3. Determination of sentence: Four months of imprisonment without prison labor;

4. Whether a suspended sentence is suspended: The defendant committed the instant traffic accident by negligence committed by the central line, and the victim's serious injury is disadvantageous.

However, the fact that the defendant is the first offender, is elderly, and is against the crime, in the case of the victim F, the victim F is free of charge by each subparagraph, and the victims and the victims are wanted.