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(영문) 대전지방법원 천안지원 2017.03.16 2016고단1896
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a math car.

On August 10, 2016, the Defendant driven the above car on August 13:15, 2016, and got to turn to the left, while driving the road in front of Asan City from the right edge to the right edge of Asan City at about 60 km from the speed edge to the right edge of Asan City.

Since there is a place where the center line of yellow solid lines is installed, and there is an intersection that does not regulate traffic by signal apparatus in the front side, the driver has a duty of care to prevent accidents in advance by thoroughly operating the front line and safely operating the vehicle along the opposite lane.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the center prior to entering the intersection, and did not discover the E-mail truck drivened by the victim D (64 ) who is driven by the opposite lane, and received the front wheel part of the victim's motor vehicle as the front part of the left part of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as the deprivation of her body, which requires approximately 14 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Medical certificates and opinions;

1. Application of Acts and subordinate statutes on the report of investigation;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [1-8 months] mitigation area (including special mitigation persons] victim's efforts to recover damage], but the degree of injury of victim is serious. However, in agreement with the victim, the injured party does not want the punishment of the defendant.

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