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(영문) 대전지방법원 2017.05.11 2017고단539
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person engaging in driving a CAD car.

On September 18, 2016, the Defendant driven the above vehicle at around 21:50, and proceeded at a speed of about 30 km from the intersection of the year to the four-lane distance from Daejeon Seo-gu, Daejeon.

At the time, the location is an intersection where signal, etc. is installed and operated, so there was a duty of care for the person engaged in driving service to live well before, after and after the passage and the left, and to drive in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to proceed with the vehicle stop signal in violation of the signal, and received the part of the upper part of the upper part in front of the left side of the Defendant’s vehicle in front of the front part of the Defendant’s vehicle, which was driven by the victim F (59 years old) driving in accordance with the direction direction to the four-distance radius from the direction to the shot (59 years old).

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim F, such as the external shock of climatic signboards that require approximately eight weeks of medical treatment, and suffered injury on the right side climatic dump, etc. to the victim H (V, 31 years of age), who was accompanied by the Defendant’s vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by I and H;

1. Each written diagnosis;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.

This case is disadvantageous to the defendant.

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