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(영문) 대전지방법원 공주지원 2014.05.13 2014고단20
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On October 17, 2013, the Defendant driven the above car on October 17, 2013, and proceeded ahead of the south Cyang-gun, Chungcheongnamyang-gun, Cheongyang-gun, about 304, toward the direction to be assigned from the Cheongyang-gun.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant neglected this and received the front part of the victim D(69 years old) E-Poter Ⅱ, which was under normal course in the opposite opposite vehicle line, as the front part of the Defendant’s driver’s car driving, as the front part of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as the exposure to the right-side executives in need of treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate (D, 14 weeks);

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, report on a traffic accident (report on actual condition), and on-site photographs (six copies);

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

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the following reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. Application of sentencing standards [Scope of Recommendation] Standard of General Traffic Accidents: Type 1 (Bodily Injury resulting from Traffic Accidents) (one to six months without prison labor), the area of mitigation (including specially mitigated persons), the area of punishment not subject to punishment (including serious efforts to recover damage): One month to six months without prison labor;

2. Determination of sentence - The traffic accident of this case caused by the defendant who has been ordered to attend a law for 5 months, 2 years of probation, 40 hours of the law enforcement lecture upon the central line.

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