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(영문) 대전지방법원 천안지원 2014.04.04 2013고단1377
교통사고처리특례법위반
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

Criminal facts

The defendant is engaged in driving a driver who is a driving vehicle to close a scalbble cargo.

On July 23, 2013, the Defendant driven the above vehicle on July 23, 2017:40, while driving the said vehicle, the Defendant left the string distance front of the dolomon road, which is located in the sub-section of Sejong Special Self-Governing City, at the speed of about 20 km from the side of the sub-Gang City to the side of the sub

At the same time, the intersection is a place where traffic is not controlled, so a person engaged in driving service has a duty of care to safely proceed after examining whether there is a vehicle crossing by reducing the speed or temporarily stopping the right and the right of the vehicle.

Nevertheless, the Defendant did not properly examine the right and the right of the front and the right and the right and the right of the victim E(77 years old) driving from the right side of the Defendant’s proceeding to the left side, and the front and front wheels of the victim E(77 years old) driving.

Ultimately, the Defendant suffered injury to the victim’s external blood transfusions, etc. with no detailed and open address, due to such occupational negligence, thereby causing danger to the victim’s life.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Reports on the occurrence of traffic accidents;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing diagnosis, medical opinion, inquiry and reply;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Article 62-2 of the Criminal Act provides that the term “the occurrence of a traffic accident or the expansion of damage to a victim” constitutes type 1 (the injury caused by a traffic accident) of the general traffic accident crime group on the ground of sentencing of Article 62-2 of the Act on the Order to Provide community service and attend lectures, and among special persons, the term “the occurrence of a serious injury” is recognized respectively as a mitigation element of the act. As such, the term “the occurrence of a serious

From among the general siblings, "accident is an element of mitigation".

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