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(영문) 대전지방법원 논산지원 2016.02.12 2015고단601
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 vehicle B with low bid.

On July 19, 2015, the Defendant driven the above car at around 10:57, and led the two-lanes of the mountain mountain zone in the two-lanes of the mountain mountain zone in the two-lanes of the mountain mountain zone in the two-lanes of the mountain zone in the two-lanes of the mountain zone in the two-lane.

At the highest speed of 40km, and crosswalks are installed on the front side. In this case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as checking whether there is a person who maintains the right and the right and the right at the speed, complying with the speed limit and makes it possible to see the right and the right of the motor vehicle driving.

Nevertheless, as the Defendant neglected to do so and went at a speed of 62.6 km per hour exceeding 22.6 km per hour, the Defendant was negligent in walking the victim C (43 cm) walking the crosswalk to the port from the right side of the direction of the Defendant’s proceeding, and was driven by the front left corner of the said vehicle.

As a result, the Defendant suffered from the above occupational negligence that caused the victim to observe for a period of six months due to the symptoms of brain-dead symptoms, and the symptoms of cerebral leina, which require a medical treatment for about 10 weeks at the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Protocols concerning C by mail;

1. Application of Acts and subordinate statutes to reports on the occurrence of a traffic accident, reports on a traffic accident, photographs at the scene of an accident, diagnosis certificates, traffic accident analysis replies, and detailed inquiries

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses.

1. Recommendations based on sentencing standards;

A. The scope of the recommended punishment would be the aggravated area (from August to June) of the first type of traffic accident (the injury caused by traffic accidents).

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