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(영문) 대전지방법원 천안지원 2015.07.23 2015고단477
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On February 18, 2015, the Defendant driven the above vehicle at around 08:25, and led the two-lane road in front of the “E” located in Asan City, along with one lane from the “E” complex to “E”.

At that time, the signal apparatus has been installed, so in such cases, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the vehicle safely in accordance with the name of the person who is engaged in driving.

Nevertheless, the Defendant neglected this and neglected to turn to the “Trisung display” in violation of the signal, caused the victim F(51)’s driving G taxi’s front part of the right side of the said road to the left side of the Defendant’s driver’s vehicle, and caused the victim H(31 years old) to suffer from the victim’s knife of the strict laf, which requires the victim’s treatment for about six weeks at the left side of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Statement and image of the actual condition survey report;

1. Each description of a medical certificate and a medical certificate;

1. Application of image Acts and subordinate statutes of accident-related photographs;

1. Article 3 (1) of the relevant 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 alternative imprisonment without prison labor;

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

1. Scope of punishment by law: Not less than one month but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type), traffic crimes, and the absence of the first category (the injury resulting from a traffic accident) from among the general traffic accidents (the scope of the recommended sentence) (the person who is a special person) (the scope of the recommended sentence) from April to October.

3. Determination of sentence: The defendant who is under a suspended sentence of six months shall be sentenced to imprisonment without prison labor;

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