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(영문) 대전지방법원 2015.05.01 2015고단458
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 who is engaged in driving a three-dimensional vehicle.

On January 14, 2015, at around 10:20 on January 14, 2015, the Defendant came to turn to the left at the speed of about 20 km a speed of about 20 km per hour, depending on the two lanes from the side of Samsung Hotel.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right and the right of the road, and to safely drive it.

Nevertheless, the part of the bridge of the victim F (the age of 82) who was standing on the left side from the right side of the proceeding to the left side of the road due to negligence that neglected this, was taken in front of the passenger car, and went beyond the victim and proceeded as it is, the victim's bridge and the breast part were over.

The Defendant caused the victim FF to suffer injury by his occupational negligence, i.e., the lower court’s left-hand cata in need of treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and F;

1. A traffic accident report (1) (1)

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] of general traffic accidents (the injury of traffic accidents) - The punishment for mitigation factors (including serious efforts to recover damage) - Where illegality in the proviso of Article 3(2) of the Act on the Special Cases concerning the Aggravation of Aggravations is serious [the scope of recommendation punishment] from April to October (the scope of recommendation punishment] - There is no record of criminal punishment for motor vehicle comprehensive insurance coverage [the suspension of execution] - There is no record of criminal punishment for failure to impose positive punishment.

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