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(영문) 대전지방법원 홍성지원 2017.11.29 2017고단744
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On March 3, 2017, the Defendant driven the above car at around 13:05, and led to a broad range of cross-sections in front of the Jin Park, which is located in the Yannam Budget-gun, to the eth of the ethic City from the ethic City to the ethic City.

Since the place is where the passage of vehicles is frequent through a three-distance intersection where a yellow-off light is installed, there was a duty of care to prevent accidents in advance by driving a person engaged in driving service at the intersection and by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the operation of the brake system.

Nevertheless, the defendant neglected this and got the victim to go beyond the ground by taking the front part of the Oral part driven by the victim D who attempted to turn to the left while he was straighted in the opposite part.

Defendant 1 suffered injury to the victim due to the above occupational negligence during the period of treatment, such as the decline in the gravity of the deceased's death caused by the injury to the brain of the deceased, the decline in the occupation of the deceased, and the decline in the recognition function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Requests for cooperation with investigation, medical certificates, reports on traffic accidents, and application of Acts and subordinate statutes to traffic accident analysis and appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 3(1) and 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

Along with the fact that the crime of this case is committed, there is no history of punishment more than a suspended sentence, and there is a significant damage to the general insurance.

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