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(영문) 대전지방법원 2014.04.23 2013고단4775
교통사고처리특례법위반
Text

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

except that 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 125cc-wheeled vehicle.

On November 1, 2013, at around 17:45, the Defendant was running at the speed of about 40 km in speed from the front side of the wood farm station located in Daejeon Jung-gu, Daejeon to the front side of the Dongwest-ro street protection area. On the part of the victim D (69 years of age, n, n) who was standing the above crosswalk to the left-hand apartment at the right-hand side from the front side of the Dong-dong station, in violation of the new subparagraph, due to an occupational negligence that intrudes on the crosswalk, in violation of the new subparagraph, caused the victim to suffer from the injury of the victim's body d (69 years of age, n) moving the said crosswalk to the Green apartment facing the left-hand side from the front side of the Dong-dong station.

Summary of Evidence

1. Statement by the defendant in the first trial record;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act), the reasons for sentencing are as follows: (a) the scope of recommendation, sentence [the scope of sentence (traffic crime group, general traffic accident, type 1 (Bodily Injury resulting from traffic accident), basic area, April-10] and the following circumstances are considered; (b) the sentence is determined as indicated in the disposition; (c) the facts of crime are recognized and reflected; (d) the first offender without previous conviction; (d) the victim’s damage was partly recovered from liability insurance; and (e) other unfavorable circumstances are determined as above: (e) the victim’s injury was serious; (e) the victim did not reach agreement with the victim; and (e)

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