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(영문) 대전지방법원 논산지원 2016.05.10 2016고단13
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 a person engaged in driving a vehicle for SM5 getting on board.

On December 6, 2015, the Defendant driven the above car at around 16:30 on December 16, 2015, and made the left turn to the left at the basin of a mountain basin, depending on the three-lane three-lane road in front of the 1853-lane in the mountain.

Since there is an intersection where a signal is installed, there was a duty of care to safely operate the driver in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, when the Defendant neglected this and neglected to turn to the left, the Defendant was placed adjacent to the right side of the said car driven by the Defendant at the victim C(68) drive in accordance with the new sub-paragraph (68) drive on the opposite line when the Defendant violated and negligently left to the left.

As a result, the Defendant suffered injury to the victim C, the Defendant suffered injury to the victim E (V, 56 years old), the victim E (V) who was on the said SM5 car for about 4 weeks of medical treatment, and the injury to the victim F (V, 31 years old) who was on the same car for about 6 weeks of medical treatment, including the right side, which requires about 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to C, E, and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence reflects the Defendant’s mistake as the primary offender, and the vehicle is covered by the comprehensive automobile insurance, the victim E and F do not want the Defendant’s punishment, and the instant case in violation of the Defendant’s signal.

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