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(영문) 대전지방법원 홍성지원 2019.05.01 2019고단126
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 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 rocketing cargo vehicle B.

On January 20, 2019, the Defendant driven the above vehicle on January 12:38, 2019, and proceeded with a four-lane road of Bonsan-ro 4 Daecheon-ro Domnsan-ro at a speed of about 40 km in Sinsan-ro.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by safely operating the steering system and brakes in accordance with the new code and properly operating the steering system and brakes with the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and received the front part of the victim C(23 years old) driving car, which was proceeding on the left-hand side by negligence, even though the electric signal apparatus was red, from the right-hand side.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as dynasium and tensions that require approximately 8 weeks of treatment to the victim E (the 56-year-old passenger) who is the passenger of the above rocketing cargo vehicle, such as dynasium and tensions that require approximately 2 weeks of treatment, and the injury to the victim F (the 55-year-old passenger) that requires approximately 2 weeks of treatment to the victim F (the 55-year-old passenger).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of imprisonment;

1. A suspended sentence is an unfavorable circumstance, where the reason for the sentencing is not less severe than that of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2

This is against this, and the victims.

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