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(영문) 대전지방법원 홍성지원 2015.07.15 2015고단107
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-learning car.

On November 28, 2014, at around 20:10, the Defendant proceeded along the two-lanes of the two-lanes in front of the E road located in Seocheon-gun, Seocheon-gun, Seocheon-gun, and Dong-do, Seocheon-gun, Seocheon-do, and one-lanes of the two-lanes of the two-lanes.

At the time of night, there was a duty of care to safely drive a person engaged in driving service by reducing speed and checking the right and the right and the right.

Nevertheless, the victim F (the age of 48) who is crossing the road at the front section of the driver's vehicle due to negligence of neglecting this, was not found, and the victim was the front part of the driver's vehicle.

As a result, the Defendant suffered serious injury, such as cerebral Bribery and the left-hand marine, focusing on the fact that there is no open room for the victim to receive approximately 20 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A medical certificate;

1. Written request and reply;

1. A written request twice;

1. The reference letter for fact-finding;

1. Application of CCTV CD-1 statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [the scope of applicable sentencing guidelines] : Traffic crimes, general traffic accidents, and Type 1 (Bodily Injury resulting from Traffic Accidents): The area of recommendation and the scope of recommendation in cases of serious injury (aggravated factor): The area of increase, amount of imprisonment without prison labor for not less than eight months but not more than one year and six months (the decision of sentence) in cases of imprisonment without prison labor for not less than eight months, and the period of suspension 2 years in cases of occurrence of serious injury, which are difficult to recover to the victims of traffic accidents due to the fault of the defendant for not less than two years, and the victims or the victims still.

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