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(영문) 대전지방법원 천안지원 2018.03.15 2017고단2563
교통사고처리특례법위반(치상)
Text

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

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall drive a motor vehicle frequently or frequently.

On May 6, 2017, the Defendant proceeded along the five-lane road in front of the E store located in Seo-gu, Seo-gu, Seo-gu, Seogcheon-si, Seocheon-gu, in accordance with the said one-lane road from the south side of the mountain distance.

At this point, there is a cross-section where the center line of yellow solid lines is installed and a U.S. permitted point where the U.S.ton is capable of making a U.S., so in such a case, the driver of the motor vehicle had a duty of care to see the front, rear and left, while to see the right and the right of the driver of the motor vehicle,

While neglecting such duty of care, the Defendant was due to the negligence of the Defendant’s f ( South, 59 years old) driving G CA1105 Orala, which took place on the opposite side of the Defendant’s proceeding direction by neglecting the duty of care in a place other than the Uton permitted zone, and was committed with the part front of the right side of the said vehicle.

In this accident, the victim suffered injuries, such as cutting the bones of closed trees requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each statement protocol (H, I);

1. A report on a traffic accident, a report on the occurrence of a traffic accident, a camera of the accident, a rough map at the scene of the accident, a photograph of the scene of the accident, or a photograph of the scene of the accident;

1. Each medical certificate and opinion, and photographs taken by a hospital;

1. Application of Acts and subordinate statutes on traffic accident analysis and replies;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and Article 268 of the Criminal Act concerning criminal facts, as well as Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In the area of mitigation (one-month or August) of the category 1 of the general traffic accident (the victim of a special sentencing) [the victim of a special sentencing] also has been negligent due to the occurrence of a traffic accident or the expansion of damage, the victim of the crime in this case is not subject to punishment (aggravated Punishment) / Heavy injury (aggravated Punishment Decision] (a decision of sentence], the circumstances of the crime in this case, the defendant's negligence and the degree

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