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(영문) 청주지방법원 2014.07.16 2014고단197
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 rocketing car.

At around 17:50 on November 26, 2013, the Defendant moved bypass the distance from the principle of light benefit to the inner-si of Gyeonggi-do in the direction of the Magcheon-gun, Chungcheongnam-do. The Defendant turned bypass from the direction of the Magcheon-gun, Chungcheongnam-do.

In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by properly operating the steering direction and brake system, which is well-grounded on the front side and the right side of the crosswalk, whether there is no pedestrian.

The Defendant neglected to perform the above duty of care and went through as is, due to negligence, caused the Defendant to go beyond the ground by taking the left side of the victim D (the age of 53) crossing the crosswalk in the front part of the said car, facing the front part of the said car, from the front part of the voice substitute, Jcheon-gun facing the front part of the said car.

The Defendant suffered from injury, such as satisfeing the victim as a whole in the number of days of treatment by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the degree of injury to the victim due to the accident in this case is not minor.

However, the defendant's mistake is against the defendant while committing the crime, and the defendant has no record of criminal punishment.

The defendant has taken relief measures against the victim immediately after the accident, and the damaged vehicle is covered by the comprehensive motor vehicle insurance.

Furthermore, the Defendant deposited some of the money for the victim.

In addition to these circumstances, the recommended type of traffic crime set forth in the sentencing guidelines (general traffic accident, traffic accident, traffic accident injury) shall be considered.

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