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(영문) 대전지방법원 공주지원 2018.09.14 2018고단315

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended between one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:25 on June 26, 2018, the Defendant driven a CNA-type car and proceeded along two lanes in front of the road 259.5km at the right-hand side of the mountain road in the front of the mountain road at the right-hand at the right-hand side of the road at the time of official week. Since it is a night at night and is an expressway, the Defendant was negligent in the course of duty that the person engaged in driving service should look at the surrounding area properly and move to the front side of the road. However, due to the negligence in the course of the operation of the vehicle going to the front side of the river at the right-hand side of the road at the right-hand side of the victim D (39 years old) (the left-hand side of the road at the right-hand side of the No. 39 years old) at the right-hand side of the river at the right-hand side of the No. NA. 399.5 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Application of accident video CD-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 According to the relevant Act and the Special Cases concerning 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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Where minor injury occurs in the mitigation area (one month to eight months) (special mitigation person) (a person who has been specially mitigated) of the mitigation area, in the case of a general traffic accident in the scope of one type (the scope of recommendation punishment).

2. The Defendant, who was sentenced to a sentence, has a large number of traffic accidents due to their negligence while driving a vehicle on an expressway, and there is no possibility of criticism in a consistent manner with the defense that makes it difficult to accept it.

Therefore, the sentence of imprisonment without prison labor is selected, and the execution is suspended in consideration of the degree of injury of the victim.

In addition, the punishment shall be determined as ordered by comprehensively considering the records of this case, such as the defendant's age, sex, environment, occupation, etc., and various sentencing conditions shown in the trial process.