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(영문) 대전지방법원 서산지원 2015.09.18 2015고단629
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 two years 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 Category C truck truck truck truck truck truck.

On April 20, 2015, the Defendant driven the above cargo vehicle at a speed of 50 km from the Seosan IC to the west Medical Center at a speed of 50 km in accordance with the two-lanes of the road between the red ginseng distance in the Dong and Seosan dong, Seosan dong.

At the same time, there is an intersection where signal lights are installed, so a person engaged in driving service has a duty of care to safely drive in accordance with the signals by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and found the EM3 car driven by the victim D(the age of 67) who was driven by the left-hand turn from the direction of the Seosan Medical Center to the Seosan Medical Center due to negligence when the vehicle progress signal was changed to a red stop signal while neglecting it and proceeding as it was, but did not avoid it, received the front part of the said car as the front part of the said freight vehicle.

As a result, the Defendant suffered injury, such as mination of 4, 5, and so on, the left-hand 12 weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to each general medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture [the scope of recommendations] and the grounds for sentencing of Article 62-2 of the Criminal Act [the scope of recommendations] there are no basic area (the person who is a special person) (the decision of sentence] (the decision of sentence] and one's mistake, the fact that there was joining a mutual aid association, and the victim.

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