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(영문) 대전지방법원 2013.05.09 2013고단833
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On January 11, 2013, the Defendant driven a freezing 1 ton of B as a duty of 04:30, and proceeded two lanes from the roads of four lanes in the direction of the Seo-dong, Seogu, Seo-gu, Seogu, Daejeon to the Hand field 20 km away from the west-do, Seo-gu, Seog-do.

At this point, the signal at the intersection has been installed, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle in front and safely drive the motor vehicle in accordance with good faith and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the DNA oba that was driven by the victim C (A. 58 years old) (A. 58 years old) who was driving from the left side of the direction of the Defendant due to negligence, disregarding that the signal, etc. is a stop signal and proceeded as it is, and instead, received the front part of the right side of the above Obaba in front of the said freezing.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

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

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. In the event that the instant accident with the reason for sentencing under Article 62-2 of the Criminal Act was committed by the Defendant’s negligence due to the violation of signal at the intersection, and that the degree of injury to the victim caused by the instant accident is not less than that of the victim, the Defendant’s disadvantageous circumstances, or that the Defendant agreed smoothly with the victim, and that it is against the law, etc., a judgment of suspended execution shall be rendered by taking into account

(b) for more than one year.

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