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(영문) 대전지방법원천안지원 2020.10.23 2020고단1612
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

At around 18:20 on February 15, 2020, the Defendant came to turn to the left from the saccine 157-3 of Asan-si, Asan-si to the saccine saccine dump.

There is a place where a signal, etc. is installed, and the opposite direction of the defendant was a vehicle in direct direction according to the vehicle driving signal, so the driver of the motor vehicle has a duty of care to prevent the accident in advance by driving the motor vehicle safely in accordance with his name.

Nevertheless, the Defendant neglected this and neglected to turn left the left and received the front part of the Dworka car operated by the victim C (Nam, 74 years old) in the opposite direction due to the negligence in violation of the right-hand turn signals, as the front part of the car of the Defendant.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment due to the above occupational negligence from a variety of cage cages that need to be recovered.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the offender's land, a fact-finding report, a photo of the scene of the accident, a criminal investigation report (victim C telephone conversations), and a traffic accident analysis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] causing a traffic accident (special person] or causing a traffic accident: In cases where the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including the recommended area and the scope of recommendation], special mitigation area, and January through August of a credit cooperative;

2. According to the sentence, the Defendant, who caused a traffic accident in violation of the signal, sustained injury to the victim.

The degree of breach of duty of care is.

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