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(영문) 대전지방법원 2015.06.10 2015고단1321
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving of the vehicle C, Orus, etc.

On January 30, 2015, the Defendant driven the above vehicle at around 02:30, and made the front of the road D in the Daesung-gu U.S., to turn to the left from the direction of A,000 to the hotel.

Since there is a prohibition of overtaking by an intersection, there was a duty of care to avoid overtaking to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and got the victim F(53 years old) who passed ahead of it on the left side by negligence in order to overtake it on the left side, and received the front side of the G K5-si as the front side of the vehicle of the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as fluoral finites in need of treatment for about two weeks, and at the same time left the scene without taking any measures to destroy the above K5 cab to the extent that the repair cost of KRW 501,301, such as the exchange of the preceding fluorals, is sufficient.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions;

1. Photographss, damaged vehicles (G) video images;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes of a written diagnosis (F) and written estimate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act (the point of taking measures not to be taken after an accident and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [limited to the punishment imposed on concurrent crimes resulting from a violation of the Road Traffic Act with heavier penalty, and the punishment to be imprisonment];

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The offense of violation of the Road Traffic Act (unclaimed Measures after Accidents) shall be applied to the sentencing criteria; and

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