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(영문) 대전지방법원 공주지원 2015.06.19 2015고단104
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B car.

On March 20, 2015, the Defendant driven the same car as his duties on March 20, 2015, and led the middle intersection in the middle of the official zone to proceed to the direction of the National Treasury from the direction of the official territory.

Since there is a place where a red on-and-off signal is installed, in such a case, the driver has a duty of care to safely drive the vehicle by accurately manipulating the steering direction and operating the system, after temporarily stopping the vehicle before entering the said intersection and checking whether there is a vehicle to enter the said intersection.

Nevertheless, without temporary suspension, the defendant's occupational negligence that entered the above intersection and proceeded to the right side from the defendant's left side by the occupational negligence, which led to the victim C (the age of 72) driving to the above intersection.

Ultimately, the Defendant suffered injury to the victim, such as mination of flapsing flapsing on the right side in need of treatment for about 14 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and the report on a traffic accident (on-site investigation);

1. Application of Acts and subordinate statutes on accident site photographs;

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

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. The application of sentencing standards [the range of recommending punishment] the category 1 (Bodily Injury resulting from Traffic Accidents) (one to six months without prison labor), the area of mitigation (including specially mitigated persons), the area of punishment not to be imposed (including serious efforts to recover damage), and the scope of sentencing compared to recommended sentences:

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