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(영문) 대전지방법원 2019.05.09 2019고단574
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 Brash and cargo vehicles.

On October 27, 2018, the Defendant driven the above cargo vehicle around 12:00, while driving the off-road crossing in front of D, Seo-gu Daejeon, Seo-gu, Seo-gu, Seo-gu, with a view to Ethrhion.

The above place is a place where vehicle traffic is high, and the defendant must go straightly between the vehicles at the intersection where no signal is available, so in such a case, the driver of the vehicle has a duty of care to take a direct step after checking whether the vehicle is driven on the right side of the direction of the defendant, and whether the vehicle is driven on the right side of the direction of the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim F (year 32) who was driving on the right side from the left side of the direction of the Defendant’s proceeding to the right side of G Otoba, which was driven by the victim F (year 32).

Ultimately, the Defendant suffered serious injury, such as a decline in calendar, diversified pain, speech disorder, and recognition disorder, which are not upper right-hand due to the foregoing occupational negligence, the brain impairment in the head, the second strawer, and any other straw, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition of traffic accidents, on-site photographs;

1. Application of Acts and subordinate statutes to each injury diagnosis letter and each reply letter;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Aggravation of the punishment according to the sentencing guidelines (the determination of types) shall be limited to the scope of recommendation [the person who has caused a traffic accident] caused by a traffic accident (the person who has a special aggravated punishment] by the person who has caused a serious injury: to recover the damage caused by a traffic accident or the damage caused by a serious injury, if the victim has been negligent due to the occurrence of the traffic accident or the expansion of the damage,

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