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(영문) 대전지방법원 논산지원 2014.10.14 2014고단344
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 5, 2014, at around 22:05, the Defendant driven a B rocketing taxi, and led to the king king distance from the king to the hill on the king side of the king, the Haak-gu, Chungcheongnam-do, Chungcheongnam-do.

At this point, a red on-and-off signal has been installed, so the driver has a duty of care to temporarily stop before entering the intersection and check the safety of the course and drive it well.

Nevertheless, as long as the Defendant neglected this and did not temporarily stop before entering the intersection, the Defendant was negligent in entering the intersection as is, and the victim C (Nam, 58 years old) driven from the Madsan to the right side of the taxi by the Defendant.

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of treatment for about 3 weeks, and injury to the victim E (V, 58 years old) who was accompanied by the victim C’s car in need of treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement in C and E;

1. Each entry in the actual condition survey report, each photograph, and each diagnosis report, or the application of the video Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier penalty);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment: One month to five years from the date of imprisonment without prison labor (or two or more years from the date of qualification competition and choice of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Each traffic crime group, each general traffic accident Type 1 (Bodily Injury resulting from Traffic Accidents) (Scope of Recommendation): Reduction area: From one to six months special mitigation factors: No penalty shall be imposed.

3. Determination of sentence: Imprisonment without prison labor;

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