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(영문) 대전지방법원 2013.09.26 2013고단2702
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2013: (a) the Defendant driven a freight truck of C 25 tons at C on June 13:10, and proceeds along three lanes from the entrance and exit of the Dong-dong mountain traffic of Daejeon to the 3-lanes from the wing-dong to the east-dong; (b) the Defendant, while neglecting his duty of care to comply with the signal, was negligent in driving on the front-way and neglecting to comply with the signal; and (c) was negligent in failing to comply with the signal, the part on the left-hand side of the E-city driven by the victim D (the age of 58) who entered the said intersection pursuant to the new subparagraph from the right-hand side of the Defendant’s running, was received as the right-hand part of the said truck.

As a result, the Defendant suffered from the victim D’s occupational negligence by causing approximately seven weeks of medical treatment to the left-hand fluor, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Selection of imprisonment without prison labor (the degree of negligence of the accused, the degree of injury of the victim, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., agreement, joining a mutual aid association, the health status of defendants, their family relationship, and the occupation of

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