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(영문) 대전지방법원 2018.08.09 2017고단4521
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment 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 Category C 2 vehicles.

On February 14, 2017, the Defendant parked the above vehicle in the E-face A in Daejeon Jung-gu, Daejeon on February 14, 2017 and opened a door to the driver's seat to get off the vehicle from the vehicle.

In such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely putting the front, right, and right and right of the vehicle in parking the vehicle and opening and leaving the driver's seat.

Nevertheless, the defendant neglected this and did not discover the victim F (78 tax) who was going on a bicycle in the aftermath of the mouth of the driver's seat by negligence, and caused the damage to the road by shocking the end of the driver's seat of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the Victim F due to the above occupational negligence, such as the aftermathing of a prop that requires treatment for about three months.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Each report on investigation;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on video-recording images in gathering spaces;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture [the scope of recommended punishment] In the case of bodily injury in the aggravated area (8 months to 2 years) of the first type of traffic accident (the person subject to special aggravated punishment] [the first type] [the decision of sentencing] in consideration of the fact that the victim suffered serious injury and has not yet been recovered due to the accident in this case, the defendant's liability for the crime is unlimited, but the defendant's vehicle is covered by the comprehensive insurance, the defendant's confession is against the defendant, and the defendant has no criminal conviction in the same way.

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