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(영문) 대전지방법원 천안지원 2014.05.23 2014고단256

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is engaged in driving duties of the BM7 car.

At around 02:00 on December 31, 2013, the Defendant continued to drive the 3rd line road in front of the Trandong Enterprise Bank in Seo-gu, Chungcheongnam-gu, Chungcheongnam-do along the two-lanes from the west-do bank to the Sung-dong bank.

Since there is a separate place around the intersection in which a U.S. can be a U.S., a person engaged in driving a motor vehicle has a duty of care to prevent accidents due to the failure of the central line in a place other than a designated one.

Nevertheless, the Defendant, at a place other than the designated internship section, was placed a part of the victim C(19 years old) driving on the three-lane road in which one lane of the three-lanes are straighted, due to the negligence of a yellow median line, at a place other than the designated internship section, and was placed a part of the front part of the driver vehicle of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as catum salt, etc. requiring a three-day medical treatment on the part of the victim E (the 21 year old) of the victimized vehicle, and inflicted injury such as a satisf pelf satum to the right side of the victim E (the 21 year old), and inflicted injury on the victim F (the 21 year old) for a three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each written diagnosis;

1. Application of traffic accident reports, on-site and vehicle photographs-related Acts and subordinate statutes;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of types) - Type 1 (the injury of traffic accidents) (the special person causing the injury of traffic accidents) - The mitigation element: the victim E and F (the decision of the recommending area) - the mitigation area: one month to six months without prison labor.