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(영문) 대전지방법원 2014.01.17 2013고단4514

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Punishment of the crime

Around 20:00 on October 24, 2013, the Defendant driven a Cmotor bicycle, and driven the three-lane road in front of the third parallel parallel of the Daejeon Jung-gu, Daejeon, to the string parallel from the string parallel. The Defendant neglected his duty of care to thoroughly operate the string parallel and to safely operate the motor vehicle in the opposite lane due to the occupational negligence of the victim D (the age of 36) coming from the opposite lane due to the driver's negligence while neglecting the duty of care to thoroughly operate the motor vehicle, as the center line was installed at the string parallel of the yellow-gu, Daejeon, the Defendant got about 12 weeks from the front part of the motor bicycle driven by the Defendant, and suffered damage to the string line, which requires the treatment of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (type 1), Basic Field of Traffic Accidents (type 1), Basic Area of imprisonment without prison labor for April or October (whether suspended or not): Other general witness reasons for the proviso of Article 3 (2) of the Act on Special Accounts of the Republic of Korea: The following consideration shall be taken into account: The social relation clear, serious reflectness, criminal records not less than a suspended sentence, and the defendant's mental health status is very good (decision of sentenced punishment] 8 months of imprisonment without prison labor; the victim's injury who has no record of criminal punishment not less than one time of a fine of the same kind for a period of twenty years prior to the suspended sentence; the victim's intention to punish him/her; the victim's mental and health status (the victim's mental health status is treated as a yellow disorder for not less than twenty years); the victim's advanced criminal investigation agency and court attitude of the defendant;