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(영문) 대전지방법원 2019.07.19 2019고단1196
교통사고처리특례법위반(치상)
Text

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

However, 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

The defendant is also a person who is engaged in driving a sports car.

On March 1, 2019, the Defendant driven the above car at a speed of 12:10, the two-lanes from the new intersection to the third parallel of the road of the 116-lane 136-gil, Seosung-gu, Daejeon Pungdong-ro, and the Do-ro 116-gil, Seosung-ro, 136.

At the time, there was a three-distance intersection where signal lights are installed at night, so there was a duty of care to reduce the speed for a person engaged in driving of a motor vehicle and to prevent a safe driving accident in advance as well as to reduce the speed for a person engaged in driving of a motor vehicle, and to ensure the safety of the motor vehicle in accordance with good faith.

Nevertheless, by negligence that the defendant did not stop without stopping even though it was red signal, the defendant left the right side of the victim C(54 years old) who gets a bicycle or crosswalk along the pedestrian green signal from the left side of the direction of the defendant's proceeding to the right side of the victim C(54 years old).

Ultimately, the Defendant suffered injury to the victim by negligence in the course of business as seen above, such as abandonment, in which approximately 10 weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to traffic accident actual condition survey reports, accident site photographs, and diagnostic certificates;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the grounds of sentencing of the case is that the defendant does not make efforts to recover damage except for the defendant who violated the signal and suffered severe injury, and is covered by a comprehensive insurance. The victim wanted to punish the defendant, while the defendant erred.

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