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(영문) 대전지방법원 2014.10.15 2014고단2906

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant is a person engaged in driving C 125CC juju. On July 10, 2014, the Defendant driving of the above Oralb, and driving a four-lane road in front of the e-mail opened in front of the e-mail-dong, Daejeon, along with a two-lane distance. Since there is a crosswalk where a signal apparatus is installed, the Defendant: (a) the driver of the vehicle is well aware of the front side and the right; (b) the driver of the vehicle; and (c) the driver of the vehicle was negligent in performing the duty of care to avoid the accident and prevent the accident by accurately manipulating the steering direction and the signal apparatus in accordance with the signals of signal apparatus; and (d) the victim was under the direction of driving the above crosswalk with the walking signal apparatus installed in front of the front side of the road by taking care of the victim, who was in front of the above e-mail, in violation of the signal apparatus’s signal apparatus, and sustained the victim’s walk over 51).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. 실황조사서⑴⑵

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. Recommendations, sentences and scope of sentencing guidelines on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. (in the case of traffic crime group, general traffic accident, Type 1 (Bodily Injury from Traffic Accidents), the aggravated area (in the case of the proviso of Article 3(2) of the School Special Act with more than two provisos, the imprisonment without prison labor for more than eight months.