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(영문) 대전지방법원 천안지원 2016.08.04 2016고단864
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 driving a D's car.

On January 13, 2016, the Defendant driven the above car at around 23:15, and proceeded with the two-lane road in front of the F convenience store in Asan City E at Asan City at the same time from the gambs off to the gambs off of Asan City bus terminal.

Since the place is where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle thoroughly takes the front line and safely operates the motor vehicle in good faith.

Nevertheless, the Defendant neglected this and caused the Defendant to turn off the Defendant’s vehicle in front of the Defendant’s vehicle, by neglecting it and neglecting it, by driving the Victim G (16 Doh, South) (110 c c oba in the direction of the Defendant’s proceeding, which was proceeding in the direction of the Defendant’s proceeding. This led the Defendant to be shocked on the front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a franchisium and other franchisium in need of approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. A medical certificate;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type Decision] - Class 1 (person causing a traffic accident) [Special Sentencing) of the General Traffic Accidents - The elements for mitigation of punishment (including serious efforts to recover damage): In the case of driving, etc. under the influence of alcohol (including serious efforts to recover damage): In the case of driving, etc. under the influence of alcohol, etc., (in the case of driving under the influence of traffic laws, it is not at a level leading to the violation of road traffic laws, but it is found that alcohol level was detected in a considerable degree of blood), the basic area / [Determination in the sphere of recommendation] four months to one year [the scope of recommendation] - The mitigated element of the General Motor Vehicle Insurance

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