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(영문) 대전지방법원 2018.05.03 2018고단419
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2018, at around 06:00, the Defendant: (a) driven a private taxi in the front of D in Daejeon Dong-gu, Daejeon; (b) while driving the private taxi in the line of work along the two-lanes from the four-distance distance from his discharge to Samsung Ne-distance; (c) was negligent in disregarding and proceeding the vehicle driving signal even though the vehicle is a red stop signal, and (d) the victim F (W, 48 years old) who saw the crosswalk on the left hand from the right side to the left side in accordance with the pedestrian flag of the horse, the Defendant got the victim into the front part of the vehicle and got the victim over the ground.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the lower-class senior executive member in need of approximately eight weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident scene, and photographs of an accident-related vehicle;

1. Making teas;

1. A medical certificate;

1. The CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

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, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] Article 62(1) of the Act on the Suspension of Execution of Traffic Accidents No. 1 (the injury caused by traffic accidents) [the person subject to special mitigation] Article 8(1) [the person subject to special mitigation] is not subject to punishment [the sentence] two times the same type of punishment [the person subject to punishment], and the accident caused the injury to the victim on the crosswalk because it takes place without disregarding the signal, and the degree of violation of the duty of care is heavy, and the degree of injury of the victim is heavy

However, the sentencing data recorded in the records, such as the fact that the defendant is aged and the defendant reflects the fact that he/she is aged and wrong, the fact that he/she agreed with the victim, and other records, shall be determined by considering the sentencing data recorded in the records.

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