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(영문) 대전지방법원 2020.02.13 2019고단3966
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 for two years 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 passenger car in B B B Benz S350 Blue blucs (BP 4M).

On August 23, 2019, the Defendant driven the above car at around 16:10, and turned the intersection of the outer floor ridges into three-lanes from the intersection distance to the intersection distance of Han water and the Han water and the four-lanes from the intersection distance to the Han water and the four-lane.

Since the above place is an intersection where signal apparatus is installed in the front bank, the person engaged in driving of the motor vehicle has a duty of care to safely proceed with the motor vehicle in accordance with the new code.

The Defendant, due to the negligence that was immediately straight from the front fluoral friet, caused the part on the left side of the DW125-wheeled Vehicle operated by the victim C (WW125 years old, South and 21 years old) who had left the above intersection from the front fluoral fluoral fluoral surface to the front fluor of the Defendant’s driver’s car.

As a result, the Defendant suffered injury, such as the cutting of the body frame (openness, crushing) accompanied by a non-felball (all parts) in need of treatment for the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. Application of traffic accident reports, latitudes, situation reports, photographs, etc., diagnostic documents (C), investigation reports, and CD-related Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person] and the element of mitigation of punishment: In the area of reduction of punishment (the area of recommendation and the scope of recommendation], the area of reduction of punishment, and January through August of a credit cooperative;

2. The Defendant who renders a sentence is in violation of the red signal of the intersection, resulting in an accident while proceeding as is.

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