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(영문) 대전지방법원 서산지원 2015.01.30 2014고단951

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 vehicle at C in low price.

On September 8, 2014, the defendant, around 05:30 on the 05th 05th 05th 30th west-si, Western-si, Seosan-si, has proceeded from Seosan to Gobuk-do, along a two-lane of the two-lane.

At this point, there was a duty of care to safely proceed to the right side of the center line by accurately manipulating the front line, steering and brakes.

Nevertheless, the Defendant neglected this and got the front part of the E-Scar car driven by the victim D(the age of 48) who normally proceeds from the opposite part due to the negligence committed by the center line.

Accordingly, the Defendant suffered, by such occupational negligence, injury to the victim D, such as salt, tensions, etc. of the clify that requires approximately 3 weeks of medical treatment, injury to the victim F (0, 45 years of age) who was on the victim D’s clify that requires approximately 4 weeks of medical treatment, injury to the victim G (6 years of age) who was on the Defendant’s clify that requires approximately 20 days of medical treatment, and injury to the clify, e.g., dump, e., e., the clify that requires approximately 16 weeks of medical treatment to the victim H (67 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, the Act on Probation, etc.;