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(영문) 대전지방법원 천안지원 2020.05.12 2020고단304
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 two years 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.

On January 1, 2020, the Defendant driven the above car at around 15:50, and proceeded forward the front road in front of Dong-gu, Dong-gu, Dong-gu, Seoul from the intersection to the intersection of the mountain intersection.

Since there is a road in which the center line of yellow-ray is installed, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well see the front line and complying with the driving lane, etc.

Nevertheless, the Defendant neglected to drive a stroke while driving a stroke, and was strokeed at the center line of the yellow stroke line due to the negligence of the stroke line, and the front part of the stroke-pamped car driven by the victim D (W, 48 years old) was shocked by the Defendant’s front part of the stroken car.

Ultimately, the Defendant suffered injury to the victim D, such as salt dynasium, which requires approximately two weeks of medical treatment, due to such occupational negligence, from the victim FF (the age of 81) who was on the said vehicle of soflurt, for about eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an accident site photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes for report on internal investigation (Analysis and attachment of film records);

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

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

1. Selection of alternative imprisonment without prison labor;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for sentencing are all recognized and reflected by the defendant, the first offender is the victim, the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, the violation of the duty of care in this case, the background of the accident, the risk and degree of the accident, and other age, character, character, environment of the defendant.

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