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(영문) 대전지방법원 천안지원 2016.03.17 2015고단2290
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year 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 Bchip car.

On August 9, 2015, around 10:40 on August 10, 2015, the Defendant was driving ahead of the way to walk back to the alley-dong, Nam-gu, Chungcheongnam-gu, Nam-gu, and the front side of the way from the front door bank to the terminal bank.

Since a crosswalk is installed immediately after the right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-on right-hand

Nevertheless, the Defendant neglected this and got the body of the victim C (55) (55) who walked on the right side from the left side of the Defendant’s driving vehicle to the front part of the Defendant’s driving vehicle, and caused the damage to the victim due to the shock by his shocking the front part of the Defendant’s driving vehicle beyond the road, and caused the victim to suffer the injury of the victim, such as the blood transfusion, which requires at least 6 months of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Investigative reports and descriptions of reports on the occurrence of traffic accidents;

1. Statement and image of the traffic accident report;

1. Descriptions of the letter and medical certificate requesting cooperation in business affairs;

1. Application of each video statute to images of the scene of the accident, the scene of the accident, and vehicles and photographs of victims;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. Scope of punishment by law: Not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be traffic crimes, and the type of traffic accident among general traffic accidents.

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