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(영문) 대전지방법원 2017.09.21 2017고단2256
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the operation of a dump truck.

On April 22, 2017, the Defendant driven the above truck at around 06:35, and proceeded along the intersection in front of the E cafeteria in Sejong City, along the intersection in front of the E cafeteria in Sejong City, from the gate of the government's Sejong City Office to the air-sections.

Since there is a signal signal, a person engaged in driving service has a duty of care to live well on the right and the right and the right and to operate safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle signal while in violation of the signal, brought the front part of the victim F(n, 34 years old) driving Gracing car, which was directly engaged in under the new code, on the surface of the bend in the bend in the bend of the above truck.

As a result, the Defendant suffered injury to the victim, such as about 12 weeks of therapy, 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the scene of an accident, report on the occurrence of a traffic accident, and report on investigation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

The case is a traffic accident that occurred by the defendant's violation of the signal, and the defendant's fault degree and the favorable circumstances that are favorable to the degree of the victim's injury: The confession is against his mistake, and the same crime is committed.

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