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(영문) 대전지방법원 서산지원 2017.08.17 2017고단43
교통사고처리특례법위반(치상)
Text

The punishment of a defendant shall be determined by imprisonment without prison labor for three months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On December 11, 2016, the Defendant operated the above car on December 12:35, 2016, and led to the passage of the network church distance of 6:76 U.S. Seosan City Park along the three-lanes in the direction of the natural distance between the two-lanes in the direction of the Sinsan Park.

Since it is an intersection, there was a duty of care to check whether a driver has a cross-road vehicle by reducing speed or temporarily suspending the vehicle, and to safely drive the vehicle.

Nevertheless, the defendant continued to go straight along the crosswalk when the moving signal on the front line is changed to a stop signal and right bypassing the intersection, and then, due to the negligence in the direction of the passage of the new road toward the south of the new seat, the defendant's driving of the victim C (16 tax) driving, who was straighted in accordance with the new subparagraph in the direction of the sub-road in the direction of the agricultural cooperative in the direction of the network from the direction of the network to avoid the collision with the above vehicle, and caused a collision in sequence with the Eone Star FW car in the opposite line and the FW car in order to avoid the collision with the above vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, i.e., in light of the fact that the victim had no wife in two in the open room for about five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Stacks, fluor photographs, and CCTV image data-fluor photographs;

1. Application of Acts and subordinate statutes to each written diagnosis and written proceedings;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommended punishment] The basic area (from April to one year) (the decision of sentencing) of the type of general traffic accident (the decision of sentencing) [the damage inflicted on the victim by Defendant’s negligence], but the damage is recovered.

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