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(영문) 대전지방법원 천안지원 2016.04.14 2015고단2140
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 is a person who is engaged in driving of C Freight Vehicles.

On September 1, 2014, the Defendant driven the above cargo vehicle around 06:04, and continued the intersection of the private distance from the west-gu, south-gu, Dong-gu, Seocheon-si, to the ecuksan-do, Seosan-do.

At that time, its location is an intersection where no signal is installed, and in such cases, a person engaged in driving a motor vehicle has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent an accident by accurately

Nevertheless, the defendant neglected to enter the intersection as it was, and caused by the negligence of entering the intersection, and caused the part of the right side of the D Driving, which was proceeding on the right side from the left side of the running direction of the defendant, to shock the part of the right side of the D Driving, which is facing the above cargo, into the front part of the right side of the said cargo, thereby falling off the victim E (60 ,00 ,00 ,00) who is the passenger of

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence due to the “alley executive fluor who was the fluor of the right side of the right side”, etc., while failing to walk.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A medical certificate;

1. A report on occurrence;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The basic area (4 to 10 months) of Article 62(1) of the Act on the Suspension of Execution (the scope of recommended punishment] (special mitigation) where a victim was at considerable negligence in the occurrence of a traffic accident or the expansion of damage, (1) the occurrence of a serious injury (the type) (the decision of sentencing) and the occurrence of a serious injury, and the absence of agreement with the victim. However, efforts have been made to recover damage, and automobile insurance has been subscribed.

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