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(영문) 대전지방법원 홍성지원 2015.12.09 2015고단906
교통사고처리특례법위반
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 a person engaging in driving a rocketing car.

On September 17, 2015, the Defendant driven the said car at around 17:30, while driving the said car, which led to a road of about 50 km in front of the Djuri-gun, Chungcheongnam-gun, Chungcheongnam-do, in order to drive the said car at a speed of about 50 km from the Seosan-do.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to thoroughly operate the front line and safely in the maintenance of the tea line.

Nevertheless, the Defendant neglected to do so and went through the opposite direction of the victim E (hereinafter referred to as 49 years old) driving in Fi30 driver’s 130 vehicle due to the negligence committed by the center line, and received the front direction of the above rocketing passenger car.

Ultimately, the Defendant suffered, from the above occupational negligence, each of the injury to the victim E, such as salt, tensions, etc., in need of approximately three weeks of medical treatment, and the injury to the victim G (V, 48 years of age), which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate (E), a medical certificate (G);

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims G with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination of the types of punishment [the scope of statutory punishment] under Article 62-2 of the Criminal Act, such as probation and community service order and order to attend lectures, and the grounds for sentencing under Article 62-2 of the Criminal Act [the application of sentencing guidelines]: Each traffic crime, general traffic accident, type 1 of traffic accident: The area of recommendation and the scope of recommendation: The basic area, the amount of imprisonment without prison labor for not less than 4 months, but not more than 0 months;

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