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(영문) 대전지방법원 천안지원 2018.09.07 2018고단1281

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment 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 January 6, 2018, the Defendant driven the above vehicle at a speed of 10 to 20km per hour according to the first lane on the side of the road where Asan City road was located in front of C, and the Defendant proceeded at a speed of 10 to 20km per hour according to the first lane on the side of the road.

At this point, there is a center line of yellow solid lines so that entry into the reverse direction is prohibited, so in such a case, there was a duty of care to observe the central line and to safely drive the motor vehicle and prevent the accident in advance.

However, the Defendant neglected to do so and proceeded in a reverse direction with the center line of yellow-ray, and conflict with the left-hand knee part of the victim D (Woo, 64 years old) who was fele in this part, with the front part of the Defendant driving vehicle.

As a result, the Defendant suffered approximately 12 weeks of medical treatment to the left-hand knee in need of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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. Where a decision is made with sentence, this case shall not apply where the defendant causes a traffic accident while driving a central line;

The victim suffered serious injury.

However, the defendant is against his will to recognize his wrongness.