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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1943
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

On September 21, 2017, the Defendant continued the intersection of the front distance of D in Asia-si, Asan-si, at a speed of about 60km in Si speed from the surface of the shooting distance to the surface of the astronomical bank.

In this case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle complies with the signal or instruction indicating traffic safety facilities and properly manipulates the steering gear and the steering gear to prevent the traffic accident by properly manipulating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and got off the bicycle side of the victim E(68) driving, which was proceeding in the right direction from the left side of the vehicle of the mastal Defendant, due to the negligence of entering the private-distance intersection as it is and proceeding, in violation of the signal, and received the front part of the above vehicle.

As a result, the Defendant suffered approximately 14 weeks of pulververization to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area of Class 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) [Special mitigated Persons] The degree of injury of the victim (including efforts to recover damage), the degree of injury of the victim is heavy, the defendant is recognized and against himself, and the victim does not want to be punished by the defendant by agreement with the victim.

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