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(영문) 대전지방법원 2014.01.08 2013고단3413
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On July 1, 2013, the Defendant: (a) around 06:40, the Defendant, at the same time, continued to cross the Samsung Ne-distance Intersection in Daejeon Samsung-dong from the front part of the said taxi to about 40 kilometers a speed of 50 kilometers from the Hongdo-do-dong to the Hongdo-dong; (b) thus, the driver, despite the duty of care to observe and proceed with the signal, has breached his/her duty of care to observe and proceed with the signal, thereby resulting in the victim’s embrate 3125 o-o, which followed the signal from the Mad Sechom-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as “the victim’s embrate 125 o-car”), suffered the victim’s external heat on the part of the said taxi, which requires approximately 6 weeks treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Selection of alternative imprisonment without prison labor;

1. The suspended sentence under Article 62(1) of the Criminal Act provides that the Defendant’s negligence in violation of the signal and the degree of damage caused by such negligence is relatively large. However, the Defendant’s vehicle is admitted to a mutual aid association; the Defendant’s vehicle is smoothly agreed with the victim; the Defendant’s vehicle has no specific criminal power except for one-time prior conviction; the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime; and other circumstances that are conditions for the sentencing, including the circumstances before and after the crime, shall be determined as the sentence of the Defendant.

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