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(영문) 대전지방법원 논산지원 2014.11.28 2014고단331
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, 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 09:40 on May 19, 2014, the Defendant driven a c-wing truck with C, leading to running a road in front of the “sick village Drown”, which is located in the Geum-dong, Seosan-do, Geumsan-do.

Since there is an intersection and a prohibited zone of overtaking, there was a duty of care to refrain from overtaking a driver.

Nevertheless, the defendant neglected this and was negligent in driving the victim D (ma, 84 years old) driving at the right side of the cargo of the victim D, which was going to the front side of the cargo of the victim D, due to the negligence of overtaking the victim D (ma, 84 years old) driving.

As a result, the Defendant suffered injury to the victim E (the 72 years old) of the victim E (the 72 years old) who took advantage of the victim E (the 72 years old) that requires a medical treatment for about about 3 months, such as a diver fel on the left side of the 10-day bar in need of a medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The application of the actual condition survey report, each photograph, each diagnosis report, each opinion, or the application of the video-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

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

1. Scope of punishment: One month to five years from the date of imprisonment without prison labor (or two or more years from the date of qualification competition and choice of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Each traffic crime group, each general traffic accident Type 1 [Scope of Recommendation]: There shall be no special mitigation factor from April to October by a credit cooperative: No special aggravation factor:

3. Determination of sentence: Four months of imprisonment without prison labor;

4. Whether or not a suspended sentence is suspended: two years of the suspended sentence (unfavorable circumstances); violation of the prohibition of overtaking; injury of victims; violation of the prohibition of overtaking; violation of the victims; absence of criminal punishment; serious reflections; and the defendant's age.

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