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(영문) 대전지방법원 천안지원 2015.03.27 2015고단116
교통사고처리특례법위반
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 engaged in driving CPoter II cargo vehicles.

On October 5, 2014, the Defendant driven the above vehicle around 13:40 on October 13, 2014, and, at the time of official residence, the calculated intersection, which is located in the calculation of the new scenic plane, was driven at approximately 103 km per hour depending on the air room in the basin.

At that time, there is a duty of care to prevent accidents in advance by driving safely, such as complying with the speed limit, in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded more than about 23 km, the Defendant sustained the injury of the victim D(71) driving the said intersection to turn to the left from the right direction in the Cheongyang direction by shocking it into the front part of the Defendant’s driver’s above cargo vehicle, thereby causing the victim to suffer the injury, such as the left pelle chief executive officer in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Statement of the actual survey report;

1. Descriptions of a medical certificate;

1. Requests for analysis of video images and requests for appraisal;

1. Application of statutes on images of on-site photographs;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria [Determination of types] and general traffic accidents: Class 1 (Bodily Injury resulting from Traffic Accidents) (Special Convicts) mitigation factors); area of mitigation of punishment (decision of the recommended area) mitigation factors; area of mitigation of punishment; period of one month to six months.

3. Determination of sentence: The sentencing guidelines shall be recommended by the sentencing guidelines, as a result of the occurrence of the victim's severe injury requiring a long-term treatment due to a traffic offense committed by the defendant for six months or one year of suspended execution;

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