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(영문) 대전지방법원 공주지원 2016.06.03 2015고단394

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 also engaged in driving of the bandon truck.

On August 23, 2015, the Defendant driven the above vehicle on around 14:28 on August 23, 2015, and led to turn left to the left at the intersection of the farm road located in 73 U-gu, U.S., U.S., U.S., U.S., U.S. at the right direction.

Defendant

Since there is a retaining wall at a height of about 2 meters on the right side of the running direction, in such a case, there was a duty of care to properly operate and drive the steering gear and the steering gear accurately before entering the intersection.

Nevertheless, the Defendant neglected to do so, due to the occupational negligence of entering the above intersection, brought the front part of the above intersection to the right side of the victim D(63 cm) driving where the above intersection was turned to the right side from the left side of the Defendant, and the front part of the right side of the victim D(63 cm).

Ultimately, the Defendant caused the victim to suffer injury, such as 1000s by occupational negligence, after requiring approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The basic area (the period from April to one year of imprisonment without prison labor) (the person subject to special sentencing] [the decision that there is no person subject to special sentencing] of the victim due to the accident in this case requires choice of imprisonment without prison labor as much as the degree of injury suffered by the victim is essential.

However, the defendant is led to confession and reflect, and deposit five million won, and the circumstances of the accident are.