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(영문) 대전지방법원 논산지원 2013.10.11 2013고단258
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On February 9, 2013, the Defendant: (a) driven B rocketing taxi on February 20:30, the Defendant was running along the intersection at the entrance of the rear apartment located in the Haak-dong, Chungcheongnam-si, Seogsan-si, with a view to a view to a flow-off of the separation of the mountain distance from the window of the mountain distance. On February 9, 2013, the Defendant was under the occupational negligence of 70km/h of the restricted speed of more than 24.3km/h above 94.3km/h above 94.3km/h above the speed of 24.3km; and (b) the Defendant received the victim C (Nam, 22 years old) who dried the road along the crosswalk to the right side of the driver’s vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as the upper felball on the left-hand side in need of medical treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Each description of the actual condition survey report, on-site photograph, diagnosis report, traffic accident comprehensive analysis reply, or the application of video-related Acts and subordinate statutes;

1. Legal provisions applicable to the facts constituting an offense, and the grounds for sentencing under Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Basic area of sentencing criteria [Determination of types] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): None of special mitigation factors from April to October by a credit cooperative: None of special aggravation factors:

3. Determination of sentence: The defendant, who was prior to the suspension of execution due to the crime of causing the death of a person by a traffic accident in April of the imprisonment without prison labor, again caused the traffic accident in this case, and the defendant, even though he had been carrying his own taxi at the time of the traffic accident in this case, was driving at a speed exceeding 20 km per hour, but it is not good that the crime is committed since he was shocked by pedestrians at the crosswalk, the degree of injury suffered by the victim is serious, and the victim did not reach an agreement with the victim.

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