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(영문) 대전지방법원 천안지원 2018.11.29 2018고단2256
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 K3 car.

On August 21, 2018, the Defendant driven the above car at a speed that would not be able to identify the “D” front of the “D” road located in the Northern-gu, west-gu, west-gu, west-gu, in the direction of the shooting distance of the bridge, from the direction of the bridge to the direction of the road, the Defendant proceeded at a speed that would not be able to identify one lane of the three-lanes in the direction of the road.

Since there is a road where the center line of yellow double solid lines is installed, there was a duty of care to thoroughly see the left side of the course to a person engaged in driving motor vehicles, and to prevent accidents in advance by driving along the center line on the right side and driving safely.

Nevertheless, the Defendant neglected this and caused injury to the victim E ( South, 16 years old) due to the occupational negligence of the road of the opposite part to the opposite part of the traffic, which was driven by the victim E (the victim) who was under normal driving along the three-lanes of the road of the opposite part of the traffic, due to his neglect, by using the front part of the motor vehicle driving by the defendant, the front part of the motor vehicle driving by the defendant, and due to his shock, the Defendant suffered from the injury, such as a laverververization of the left part of the left part which requires treatment of about 16 weeks or more for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to an accident scene photograph (not more than 13 pages of investigation records);

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

1. The defendant, on the ground of sentencing of Article 62-2 of the Criminal Act of the community service and order to attend a left turn at a place where it is impossible to turn to the left, suffered serious injury due to the shock of the injured party who was driving Obaba while driving Oba.

The victims were the juveniles of 16 years of age, and the normal development of the body was significantly impeded due to the traffic accident in this case.

(b).

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