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(영문) 대전지방법원 홍성지원 2015.04.10 2014고단642
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 Dsch Rexton car.

On April 14, 2014, around 15:20 on April 14, 2014, the Defendant proceeded with a single-lane road in the vicinity of the three-lane intersection in front of the Chungcheong intersection in the west-gun, Chungcheongnam-do, the west-gun, the Defendant came to go to the right bypass from the surface of the west-do at the above intersection.

Since there is no traffic signal at a place, in such a case, a person engaged in driving service has a duty of care to temporarily stop or yield so as not to obstruct the passage of another vehicle by properly examining the traffic situation in advance before entering the intersection and moving on the right side of the road.

Nevertheless, the Defendant neglected the above duty of care and was negligent by failing to take into account the traffic situation in advance prior to moving to the intersection, and by failing to take a right-hand right-hand right-hand right-hand side of the Defendant’s moving into the intersection before entering the intersection and leaving the intersection by the victim E (78 years old) from the right-hand side of the Defendant’s moving into the intersection, first of all, the part on the right-hand side of the F motor bicycle driven driven by the Defendant.

Ultimately, the Defendant caused the victim to suffer a serious injury due to the above occupational negligence by causing the victim to suffer from a serious injury, such as an external wound, equivalent to 36% of the loss rate of labor ability.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. E statements;

1. A traffic accident report and a traffic accident report, actual condition investigation report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a medical certificate and a medical certificate for residual disability;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order (the scope of recommendations) is the traffic accident of the type 1.

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