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(영문) 대전지방법원 홍성지원 2016.01.27 2015고단971
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 the duty to drive a COCIA artr.

Around 17:00 on July 27, 2015, the Defendant driving a Tracler above 17:00, and led to the left turn to the left from the Myeon of the new lacon in the budget Eup to the Myeon of the new lac.

Since it is an intersection installed with signal lights, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left by entering a straight line at the straight line, in violation of the signal, and received the part front of the driver's seat of the Eone Star She driveed by the victim D (46 cm) who was driven in accordance with the straight line from the front of the budget Eup to the front of the driver's seat of the Eone Star She drive.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand Montreal test that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. A medical certificate;

1. A traffic accident report;

1. On-site photographs;

1. Photographss to cut a black stuffe image;

1. The application of statutes to signal systems;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (based on the suspended sentence among the reasons for sentencing as follows) [the scope of statutory applicable sentences] from one to five years of imprisonment without prison labor (applicable of sentencing guidelines]: Traffic crimes, general traffic accidents, and special sentencing factors for the first type of punishment: the area of recommendation and the scope of recommended sentences: the area of mitigation of punishment, the scope of recommendation and recommendation: the main reasons for suspended sentence for one to six months.

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