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(영문) 대전지방법원 논산지원 2017.08.25 2017고단394
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 a period of 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 modern five tons truck truck driving vehicles.

On April 12, 2017, the Defendant driven the above cargo vehicles around 17:00, and led to the rapid speed from the road near C, Chungcheongnam-gun, Chungcheongnam-gun, to the right side of the road along the speed of one-lane.

At that time, there is a center line of yellow solid lines. In such a case, there was a duty of care to make a person engaged in driving a motor vehicle not to proceed in the opposite direction beyond the center line by properly examining the front and rear sides.

Nevertheless, the Defendant neglected this and got off the center line in the opposite direction, thereby leading to the failure of the Defendant, thereby leading the victim D(55 years old) to the anti-light principle from the side of the Do elementary school along the two-lane road. ECA1105 bicycle static part of the victim D(55 years old) driving on the two-way road of the above Do was received.

As a result, the Defendant suffered damages to the surrounding land and power lines in the front of the Bridges, which require approximately 14 weeks medical treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on the occurrence of a traffic accident and a actual survey report;

1. Medical certificate (D);

1. Application of the photographic Acts and subordinate statutes;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence is based on the degree of injury to the victim caused by the instant accident, and the negligence of the defendant is not less severe, but the defendant's mistake and reflects against the defendant, the defendant's smoothly agreed with the victim, the harming vehicle is covered by automobile insurance, the defendant's age, environment, criminal records, criminal records, accident circumstances, and all of the sentencing conditions shown in the argument of the instant case, including the circumstances after the crime, shall be determined as ordered by the order.

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