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(영문) 대전지방법원 2016.08.10 2016고단1313
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 was engaged in driving Cenz automobiles.

On January 22, 2016, the Defendant was running along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes to the two-lanes of the two-lanes of the two-lanes of the two-lanes.

The location is where a crosswalk is marked with a signal, and in such a case, the driver of the vehicle has a duty of care to safely drive the crosswalk in accordance with the signals of the crosswalk, despite the fact that the defendant neglected to do so, and received the victim F (n, 68 years old) who dried the crosswalk in accordance with the pedestrian signals due to the negligence of driving the crosswalk in violation of the signal, and received the victim F (n, 68 years old) in front of the said vehicle.

As a result, the defendant suffered from the victim's abundance of the main body that requires approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on traffic accident reports, vehicles and field photographs;

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

1. Article 62(1) of the Criminal Act provides that the degree of injury suffered by a victim on the grounds of sentencing is relatively heavy.

The fact that the vehicles of the defendant are covered by comprehensive insurance, the fact that the injured party does not want the punishment of the defendant, and the fact that the defendant has no criminal record of suspended execution or more is favorable.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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