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(영문) 대전지방법원 천안지원 2018.01.19 2017고단2483
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a sports-for-sports car in B.

At around 18:50 on September 2, 2017, the Defendant: (a) driven the said car, and driven the said car, carried the two-lane road in front of the station located in Asan City, along the road from the museum to the intersection of Chungcheong road; and (b) caused the Defendant’s negligence of violating the signal to obstruct the passage of the Defendant’s vehicle to the intersection from the left side of the vehicle to the right side of the vehicle of the Defendant’s driving; (c) led the victim ( South, 40 years old) who is going to the intersection from the road of the vehicle of the Defendant’s driving to the direction of the vehicle of the Defendant’s driving; and (d) led the Defendant’s vehicle to the right side of the vehicle of the Defendant’s driving to the right side of the road of the victim G (the 28 years old) who is going to the right side of the vehicle of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim E by the aforementioned occupational negligence, such as pressure pressure on the bones of closed trees, which requires approximately 12 weeks of treatment, and injury to the victim G, such as catum catum which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident (E and G);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes by cutting off the scene of an accident, black stuffs photographed images;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing is a commercial concurrent crime, and the sentencing criteria do not apply.

2. The Defendant, who is sentenced, caused a traffic accident by negligence, in contravention of signal, on a remote distance along which a large number of vehicles pass, and the degree of the accident is heavy and the degree of the breach of duty of care is large.

Victims E are very important.

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