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(영문) 대전지방법원 서산지원 2017.08.10 2016고단776
교통사고처리특례법위반(치상)
Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the E Poter cargo vehicle.

On August 12, 2016, the Defendant driven the above cargo vehicle around 10:00, and proceeded with the road between the one intersection and the two intersections in the direction of the sub-sections in the direction of the sub-sections in the Cai-gun, Taenam-gun, Taenam-gun, Chungcheongnam-do.

Since there is a center line of yellow solid lines, there was a duty of care to prevent accidents in advance by thoroughly driving the vehicle in front and safely driving the vehicle.

Nevertheless, the Defendant neglected this and went along the victim F(61) driving on the opposite opposite lane due to the negligent negligence going beyond the median line, and received the front part of the G Pobbbbf-down truck as the left side of the freight of the Defendant.

As a result, the Defendant suffered serious injury to the said victim by his occupational negligence, such as allowing the said victim to undergo a cutting operation without left-hand side, and suffered injury to the victim H(61) who was on the flobbbb flaps, such as catum salt, tensions, etc. requiring approximately two weeks of medical treatment, and injury to the victim I (51 tax) for multiple catum catry, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness H, I, and J;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, photographs of each accident scene, and medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing of the selective imprisonment without prison labor [the scope of recommending punishment] The reason for sentencing of the selective imprisonment without prison labor [the scope of recommending punishment] in the case of bodily injury in the area of aggravation (eight months to two years) (the person subject to special aggravated punishment] [the person subject to special aggravated punishment] [the decision of sentencing] in the case of this case, the victim F is very serious in difficult or difficult to make a permanent daily life due to the accident in this case.

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