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(영문) 대전지방법원 2013.05.01 2013고단796
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in the operation of C large forest 110cc Oral vehicles.

At around 13:30 on December 26, 2012, the Defendant driven the above Orabab, and driven the two-lanes of the two-lanes in front of the Handong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, with four-lanes of the Dong Police Station from the upstream area to the 4-lanes of the Dong Police Station.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person who is engaged in driving of a motor vehicle by checking well the front left left.

Nevertheless, the defendant neglected this and found the victim D (the age of 69) who crosses the road on the left side from his negligence to the right side of the course, and immediately operated the road. However, the defendant's failure to do so did not reach the above part of the victim's left side and got out of the road.

As a result, the Defendant suffered from the above occupational negligence that requires approximately six weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Code of the Suspension of Execution ( favorable circumstances among the reasons for sentencing as follows) of the Defendant’s reason for sentencing is a criminal liability of the Defendant in that the Defendant suffered serious injury due to driving negligence of the Defendant, but the fault of the victim in the occurrence of the accident is not significant; the victim does not want to be punished by agreement with the victim; the Defendant supporting the father of the Defendant who was under his/her control; the Defendant supported the father who was under his/her control; the Defendant has been paying basic compensation through liability insurance; and the Defendant has remarkably divided his/her mistake into depth.

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