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(영문) 대전지방법원 2019.07.11 2019고단1544
교통사고처리특례법위반(치상)
Text

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

However, 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 engaging in driving a rocketing car.

At around 13:30 on March 14, 2019, the Defendant continued to proceed to the multiple sides of the first line of the D gas station located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, by the side of the side.

Since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant neglected to do so and got the front part of the F-wing Cargo driven by the victim E (the age of 44) driving in the opposite direction from the vehicle line in the opposite direction at the time-marine, and received the full part of the said car.

As a result, the Defendant suffered injury to the victim by negligence in the course of business as above, such as the extension of the lapsy to the right side of the 16 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnosis reports;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the traffic accident in this case is the center of the defendant's median line, and the negligence is not weak, and the degree of injury suffered by the victim of the traffic accident in this case is serious, and the defendant recognizes and reflects his fault, and the circumstances favorable to the defendant such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, etc.

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