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(영문) 대전지방법원 2017.09.07 2017고단2611
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 Cststuna 3 car.

On May 14, 2017, the Defendant driven the above car at around 16:30 on May 14, 2017, and led the Defendant to proceed along a one-lane direction in the direction of the shot-gu Daejeon, Daejeon.

Since there is a place where the center line of yellow solid lines is installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the front line and to protect the center line so that it does not exceed the center line.

Nevertheless, the Defendant neglected this and was proceeding in the front bank.

In order to overtake a F rocketing car of E-driving, the victim G ( South, 57 years old) was placed in the same direction as the opposite vehicle due to the negligence of her course at the center line, which led to the defendant's front portion of the said car.

As a result, the Defendant suffered from the above occupational negligence that caused approximately twenty weeks of 20 weeks of outpatients to cut the frameworks and shut down a ductal of external livestock which requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report (on-site investigation report), booms video CDs, investigation report (victim E-vehicles video analysis);

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

Unfavorable circumstances: Accidents that occur due to the invasion of the central line, which are favorable to the degree of fault of the defendant, the degree of injury of the victim: The confession is against the victim, and the vehicles are covered by the comprehensive insurance.

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