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(영문) 대전지방법원 2014.03.07 2014고단329
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 17:40 on December 9, 2013, the Defendant driven a C observer car, and driven the front road of the Daejeon Seodong National Institute of Cultural Heritage at about 40 km from the Doksan-dong National Institute of Seosung-dong, Daejeon, to the speed of about 40 km from the Doksan-dong, Doksan-dong to the Doknam-do,

At the time, the start of a stop, which was unfolded, was an intersection that does not go through traffic control, using a yellow flickering light only. At the front time, there was a pedestrian signal at a crosswalk that was cut off, and thus, there was a duty of care to drive a motor vehicle in a manner that is to reduce the speed or temporarily stop in order to properly look at the surrounding area, and to drive a motor vehicle in a prompt manner.

The defendant neglected to pay any particular attention to the situation, and found the victim D(32 years old), victim E(n, 25 years old) and victim F(n, 25 years old) from the right side of the crosswalk at late, and operated it rapidly. However, the defendant did not stop and did not stop and got victims to go beyond the road.

The Defendant caused by these occupational negligence the injury to the victim D on the left-hand pelvis in need of approximately 12 weeks of treatment, the injury to the victim F on the left-hand pelvis in need of approximately 12 weeks of treatment, the injury to the victim F on the left-hand pelvis in need of approximately 7 weeks of treatment, and the injury to the victim E on the left-hand spelvis in need of approximately 7 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a type of selective imprisonment without prison labor (referring to the fact that many victims who suffered serious injury have occurred);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), Reduction Area, From January to June of imprisonment without prison labor (whether suspended of execution of punishment is suspended of execution of sentence] Major reasons for writing: Reasons for writing in general for non-compliance with punishment.

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