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(영문) 대전지방법원 2015.02.09 2014고단3590
교통사고처리특례법위반등
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ice car.

On April 8, 2014, the Defendant driving the said car at around 00:35, and driving the F-way in Daejeon Jung-gu, Daejeon, toward the direction of the mid-gu, Daejeon along the direction of the outflow of the distance of the village at the front. The Defendant proceeded at about 20 kilometers a speed of about 10 kilometers between the four-lanes of the city.

Since there is an intersection where a signal is installed, it was confirmed whether a person engaged in driving a motor vehicle has a motor vehicle driving duty to safely drive a motor vehicle according to the traffic signal by reducing the speed and by properly examining the front side.

Nevertheless, the Defendant neglected this and went through the intersection due to the negligence of the U.S., in violation of the signal, and caused the 250-Clim VJF 250 U.S. 250 U.S. 1st sentence on the front part of the U.S. 250 U.S. car.

The Defendant caused injury to the victim G by his occupational negligence during about 14 weeks of treatment to the victim G, and damaged the above Oral Ba in excess of KRW 3,318,00 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and the proviso of Article 3 (2) and (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of alternative imprisonment without prison labor;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the full agreement with the victim);

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