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(영문) 대전지방법원 2018.05.02 2018고단91
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of one ton of freight in the case of D class III.

On September 1, 2017, the Defendant driven the above cargo vehicle around 06:23, and, at the same time, proceeded from the side of the west to the three-way government office building at the 644-613 o, Sejong-ri, to the intersection.

At the same time, vehicles in the signal waiting were stopped, and there was a limited speed of 60km/h. In such a case, the driver of the vehicle has a duty of care to observe the restricted speed and to properly manipulate the steering and steering gear, thereby preventing the accident by accurately manipulating the steering and steering gear of the vehicle.

Nevertheless, the Defendant neglected this and proceeded at a speed of approximately 35.4km/h above that of approximately 35.4km and about 95.4km in the speed of h, and received the back portion of the Firing Motor Vehicle of the Victim E ( South, 34 years old) who was waiting in the front of the signal at the front of the Defendant’s cargo vehicle, and due to the shock, the Defendant got the front portion of the Firing Motor Vehicle of the Victim G (hereinafter, 56 years old) who was waiting in the front of the signal in order to turn to the left on the opposite side while driving the said firing Motor Vehicle in the future.

As a result, the Defendant suffered injury to the victim E, such as a pelle, closed pelle, etc. at the bottom of the pelke, accompanied by a non-alley pelel that requires approximately 14 weeks of medical treatment, and injury to the victim G, such as light gale, which requires approximately 2 weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of speed of a vehicle under way);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for the option of punishment;

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