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(영문) 대전지방법원 홍성지원 2016.01.13 2015고단1078

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a fixed-ton cargo vehicle C1 ton.

On September 22, 2015, the Defendant driven the above cargo vehicle around 20:30, and turned to the left at one-lane of the three-lanes in front of the shooting distance of the Gamsung Middle School located in the calendar 463-14, from the new one-lanes of the budget test site for the driver's license, at the front of the new one.

At the time of night, the passage of the night, and the intersection where signals, etc. are installed, so there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the stop signal and neglected to turn to the left, and instead failed to turn to the left, and received the victim's bicycle rear wheels part of the victim's driving D(39C) that was going to the Eup in the budget from the inserted side.

Ultimately, the Defendant suffered injury to the victim, such as cutting down water to the right side, which requires approximately eight weeks of treatment 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. Medical certificate (D);

1. A traffic accident report;

1. Application of 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) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the suspended sentence [the scope of statutory applicable sentences] from one to five years of imprisonment without prison labor (the application of sentencing guidelines]: Traffic crimes, general traffic accidents, and the first type of special sentencing factors: The area of recommendation and the scope of recommended sentences: The area of mitigation of punishment, the area of imprisonment without prison labor for not less than one month and not more than six months (the decision of sentence) (the decision of imprisonment without prison labor for not more than four months), and the period of suspended sentence for not less than eight weeks by causing traffic accidents by the negligence of the defendant for one year.