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(영문) 대전지방법원 논산지원 2017.07.14 2015고단405
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car truck.

On October 1, 2013, the Defendant driven the above vehicle at around 15:35, and proceeded ahead of the joint forest product market located in the Yannam-gun of the Chungcheongnamnam-gun at a low speed from the shot-si to the shot-si.

At the same time, there are two-lane roads, which are driven by the victim C(81) in the same direction as the one-lane road, and therefore, the person engaged in driving a motor vehicle has a duty of care to thoroughly check the safety of course and drive the motor vehicle safely.

Nevertheless, the Defendant neglected to overtake the above damage to the left side while overtaking the above damage to the left side, and then left to the left, received the part of the above defendant's vehicle as the wheels.

Ultimately, the Defendant caused the victim to suffer serious injury due to the above occupational negligence, such as damage to the number of days less than the number of days of treatment, damage to the number of days of medical treatment, and flachising flachising.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Request for an injury during commission or return (33,34 pages of investigation records);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Grounds for sentencing under Article 3(1) of the relevant Act on Criminal Facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act [Scope of Recommendation]: Type 1 of the General Traffic Accidents Act (in the case of a traffic accident), (4 months to October) basic area (special mitigation) [special mitigation]: In the case where the victim is negligent due to the occurrence of a traffic accident or the expansion of damage, (1) where a serious injury has occurred (the decision of sentence]; (1) the defendant misleads the victim of the occurrence of the accident; (2) the occurrence of the accident in this case without any negligence by the victim; and (3) the occurrence of the accident in this case is covered by the comprehensive motor vehicle insurance.

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