(영문) 대전지방법원 2018.11.22 2018고단3436

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(영문) 대전지방법원 2018.11.22 2018고단3436

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 10, 2018, the Defendant driven the above car at around 12:00, and driven the two-lane road in front of the D Motor Vehicle Sale in Seo-gu Daejeon, Seo-gu, Daejeon, at the speed of about 20km from the direction of the construction of Daejeon City to the distance of about 10km each hour.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to proceed to the right side of the center line and to make a U-turn properly at the permissible point of U-turn.

Nevertheless, the Defendant neglected to do so and hered with the center line at a place other than the U.S. permitted point, and hereded with the front part of the Defendant’s car driving 125cc U.S. driving on the opposite direction from the opposite direction.

As a result, the suspect suffered injury to the victim by the above occupational negligence during the 12-day period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant traffic accident occurred due to the Defendant’s negligence on the grounds of sentencing Article 62-2 of the Criminal Act, and the occurrence of the result of serious injury, etc., the Defendant agreed with the victim and agreed with the victim. On the other hand, the Defendant’s confession that the victim did not want the punishment, the Defendant’s confession is against the victim, and the Defendant did not have any criminal record, and other favorable circumstances such as the fact that the Defendant did not have any criminal record shall be determined

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