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(영문) 대전지방법원 천안지원 2014.08.08 2014고단547
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

Criminal facts

The Defendant is a driver of a rocketing car.

On March 13, 2014, the Defendant driven the above car at around 17:20, and proceeded with the two-lanes of the two-lanes of the two-lanes of the two-way library in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, the two-lanes of the four-lanes of the two-road road.

In such a case, since a person engaged in driving of a motor vehicle has a crosswalk and signal on the front side, there was a duty of care to observe the signal and to prevent accidents in advance by accurately manipulating the steering gear and brakes while driving on the front side.

Nevertheless, the Defendant neglected this and tried to avoid the victim D (the age of 15) who was left on the right side of the crosswalk pursuant to the pedestrian signals, but failed to avoid it, and received the part of the victim's left-hand bridge with the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as a flasium, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [Determination of a suspended sentence] The first type of general traffic accident [the factors of aggravation of punishment for traffic accident]: Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [Determination of the recommended area] In the basic area: April to October of imprisonment without prison labor (general person]: Relief measures after an accident, comprehensive motor vehicle insurance policy, serious reflectness, and aggravated factors that have no record of criminal punishment: The occurrence of serious injury [decision of a suspended sentence] The main positive factors are the cases where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious.

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