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(영문) 대전지방법원 2014.04.16 2014고단701
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2014, at around 19:25, the Defendant: (a) operated the first rural village furged car in the 515-dong area of the first village furged apartment in the 515-dong area; and (b) was in the middle distance in front of the “GSstst Market”. The Defendant, without properly examining the surrounding area; (c) was negligent in the course of business, which made the left turn to the 4-lane of the first village furg apartment complex in violation of the signal; and (d) was in the first village furg apartment site in the 4-lane village furg apartment site in the middle of the 3-lane village furging apartment, which was driven by the victim D (45 years old); (d) did not operate the brake system rapidly; and (d) did not reach the extent that the victim fell into the front part of the left part of the said vehicle, thereby causing injury to the victim, which requires approximately 12 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A copy of the diagnosis document regarding D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes on accident site photographs;

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

1. The sentence shall be determined as ordered in consideration of all the following circumstances, including the scope of recommendation and sentence [traffic crime group, general traffic accident, type 1, area of mitigation of traffic accident, area of mitigation of punishment (special mitigation: not more than 6 months] on the grounds of sentencing under Article 62 (1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), and the following circumstances. favorable circumstances: The fact that all facts are recognized and reflected; the fact that the facts are agreed with the victim; the fact that the victim has agreed with the victim; the fact that the victim suffers serious injury: circumstances of accidents; the economic situation and family relationship of the defendant;

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