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(영문) 대전지방법원 논산지원 2013.08.27 2013고단97
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

On November 12, 2012, the Defendant driven 7.5 tons of cargo B at Han-gu, 18:10 on November 12, 2012, and moved back to the right direction of movable property distance from the side of the virtual diversary.

At night, it was difficult for a driver to conduct a duty of care to ensure the accuracy of the vehicle driving on the front side and the left side of the road before entering the road and to safely drive the road. However, the Defendant neglected to do so and neglected to enter the road as it was, and caused the Defendant’s negligence on the part of the victim C (Nam, 51) driving on the front side of the front side of the freight vehicle of the victim C (Seoul, 51) who was directly in the direction of movable-distance distance on the side of the road.

As a result, the Defendant suffered serious injury, such as large ties and pulse, from which the victim could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual condition survey report, photographs, diagnosis report, request letter, each statement of each investigation report, or video report;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Penalty] Aggravation of traffic crime group, general traffic accident Type 1 [Extent of Recommendation]: Imprisonment without prison labor for a period of eight months or one year and six months: None of special mitigation factors: / Special aggravation factors: Serious injury.

3. Determination of sentence: The fact that the defendant in August of his imprisonment without prison labor reflects the crime, and that the defendant's vehicle is covered by the comprehensive motor vehicle insurance shall be a favorable condition;

However, the victim's injury is very serious, the defendant did not reach an agreement with the victim and did not make efforts to reach an agreement with the victim, the family members of the victim want to punish the defendant, and the defendant has been suspended from two or more times.

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