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(영문) 대전지방법원 공주지원 2016.04.01 2015고단520
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving a low-speed car.

On November 21, 2015, the Defendant was driving the said car at around 17:30 on November 21, 2015, and led to the direction of the new winding of the Cheongyang-gun in the direction of allocating the distance to the Cheongyang-gun.

There is a duty of care to operate safely by accurately manipulating the steering and operating the steering system of another vehicle in accordance with the signals, because there is an intersection where signal, etc. is installed.

Nevertheless, the Defendant neglected to do so and went through the above intersection by occupational negligence, which led to the Defendant’s failure to enter the above intersection, and the front part of the Defendant’s above vehicle, which led to the Defendant’s left side to the right side of the victim C(25 years old) driving while proceeding the above intersection according to the new code.

Ultimately, the Defendant caused the victim C to suffer injury, such as 8,9, and 10 times at the right cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a report on the scene of the accident, an on-site photograph, and a Ma2 Vehicle Blue image;

1. Application of each written diagnosis (E, C) statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Traffic Accidents Type 1 (Bodily Injury resulting from Traffic Accidents) (one month to six months) (the imprisonment without prison labor) is not subject to punishment.

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