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(영문) 대전지방법원 2016.09.20 2016고단1367
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a BS car.

On November 21, 2015, the Defendant driven the said car at a speed of about 67 km in the speed of Si, depending on the one-lane from the parallel distance from the parallel parallel of the Daejeon-gu to the three-lane distance, the two-lane in front of the third-lane in the direction of the Gu, Daejeon-gu.

At the time of night, it was difficult to see at the night, so there was a duty of care to prevent accidents in advance by reducing speed and driving safely by driving safely.

Nevertheless, the defendant did not discover the victim C (52 3) who gets off the crosswalk without permission from the right side of the defendant's way when the signal of the eavesd crosswalk was driven by negligence while neglecting this, and did not find out the victim C (52 ). The part of the defendant's vehicle front part of the driver's car exceeds the ground.

Ultimately, the Defendant suffered injury due to the occupational negligence as seen above, such as obsive brain injury, etc., where the victim cannot know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A survey report, a traffic accident comprehensive analysis report, a response to a request for a signal cycle signal, a response to a request for appraisal, a video CD in front of the Sambuf;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommendation] [the scope of recommendation] types 1 of general traffic accidents in the basic area (4 months to 1 year] [the victim] also has a substantial negligence in the occurrence of traffic accidents or the expansion of damage / (1) in the event of serious injury to the victim (the decision of sentencing] / (1) in the event of the occurrence of a traffic accident or the occurrence of serious injury (the decision of sentencing] / The fault of the victim who illegally crossed the occurrence of the instant

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