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(영문) 대전지방법원 공주지원 2016.03.18 2015고단508
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a sports car.

On October 20, 2015, the Defendant driving the said car at around 20:30, and driving it along the D convenience store in the official city C along the one-lane in the direction of the tax office in the direction of the middle intersection.

At the time, a crosswalk is installed at night and without signal, so in such a case, the driver had a duty of care to safely drive the crosswalk by accurately manipulating the steering gear and accurately operating the steering gear, while reducing the speed in advance to the driver.

Nevertheless, the defendant neglected this and followed up the body part of the victim E (53) who dried the above crosswalk from the left side of the defendant's driving direction to the right side due to negligence in the course of the business.

In conclusion, the Defendant caused the victim to suffer injury, such as abandonment and dumping of the upper part of the body, which is the right-hand body in need of approximately 10 weeks of treatment by negligence in the course of business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (one, two, and a actual investigation report);

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] the scope of mitigation (one month to six months without prison labor) (including special mitigation persons) of the area of mitigation (including serious efforts to recover damage);

2. Determination of sentence - The instant accident occurred during the period of five months of imprisonment without prison labor, two years of suspension of execution, and forty hours of instruction of compliance driving.

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