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(영문) 대전지방법원 공주지원 2014.07.02 2013고단378
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 a string and freight vehicle B.

On August 11, 2013, the Defendant driven the above cargo vehicle at around 08:40, and led to the left turn from the south Cheongyang-gun, Cheongyang-gun to the left turn to 1727,00,000 from the south west-gun.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant neglected this and received the front portion of the left-hand side of the freight vehicle from the Defendant’s driver’s vehicle in front of the victim C(the 71-year-old driver’s 71-year-old driver’s vehicle), which was in a normal course in the margin of the fright-on-hand passenger’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the escape of the left-hand body and the escape of the mouth, etc., for about 14 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, and application of Acts and subordinate statutes governing on-site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the following reasons for sentencing):

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Application of the standard for sentencing [Determination of the type of punishment] traffic accident in general traffic accident: Injury of traffic accident [special sponsers] - Punishment and non-liability of mitigation elements (including serious efforts to recover damage] [Determination of the recommended area] mitigation area [The scope of recommendation sentence] one month to six months without prison labor;

2. Determination of sentence - The defendant, six months of imprisonment without prison labor and two years of suspended execution, even though he was sentenced to a fine due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the past, has invaded the central line and caused the traffic accident.

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