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(영문) 대전지방법원 천안지원 2016.07.14 2016고정273
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a hurd motor vehicle B.

On December 15, 2015, the Defendant continued the roads in front of the D cafeteria C located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si from the direction of the secondary elementary school at the speed of the two king.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents, such as taking a well-being of course and left and left, and accurately operating steering and brakes, etc.

Nevertheless, the Defendant neglected to do so and proceeded with the left side of the victim E by his negligence and received the part on the right side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the occurrence status of E traffic accidents;

1. Each entry into a traffic accident report (1) and a report on the occurrence of the traffic accident;

1. Descriptions of a medical certificate (E);

1. Application of Acts and subordinate statutes on images of related photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act of the suspended sentence is that the defendant's elbow part from the alley to the elbow part of the victim's elbow part is serious enough and the shock of the accident and the degree of damage.

The sentence shall be determined as ordered in consideration of various sentencing conditions shown in the argument of the case, such as the age, sex, environment, etc. of the defendant, including the fact that it is difficult to see, that the defendant is the first offender and reflects the criminal act.

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