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(영문) 대전지방법원 2018.05.17 2018고단940
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On January 7, 2018, the Defendant driven a car by business B and entered the same lane as one-lane from the intersection that is located in the 84-lane of Tae-gu, Daejeon to the boundary of the Daeung Dam, the Defendant suffered from the injury of the victim C (n, 67 years of age) who was going to the right side from the right side of the opposite side of the Madern Road at the intersection where the Madern Road is located in the Madung-gu, Daejeon to the 84-lane of Tae-gu, Daejeon, by violating the stop signal and driving the stop signal. The Defendant suffered from the injury of the victim C (n, f7 years of age) who was going to the right side of the Defendant’s vehicle, including about 8 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a traffic accident inspection report (an investigation into black stuffs), photographs, site photographs, and internal investigation reports (an investigation into black stuffs);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

D. Unfavorable circumstances: The defendant's act of shocking a person who has walked in accordance with the pedestrian signals on the crosswalk by violating the signal, and the circumstances favorable to the victim's degree of negligence, the degree of the victim's injury: The confession is against his mistake while making a confession; there is no criminal punishment or heavier punishment; the victim's damage is presumed to have been recovered due to the comprehensive insurance policy; the victim's damage is presumed to have been fully recovered; and the victim and the victim have agreed smoothly.

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