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(영문) 대전지방법원 2021.03.24 2020고단4580
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driver's duty of two-wheeled vehicles B W125.

On September 20, 2020, the Defendant driven the above-wheeled vehicle on September 18:45, 2020, and led the two-distance crossing from the Dong-dong, Daejeon to the four-distance radius from the Dong-dong, Dong-dong, Daejeon.

At the time, the traffic volume was high around the time of retirement, and the above place was an intersection with signal apparatus installed. In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely proceed with the motor vehicle's signals.

Nevertheless, the Defendant neglected to do so, and due to the negligence of entering the intersection of the front-side red signal, and received the part on the left side of the two-wheeled motor vehicles by the victim D ( South, 50 years old) driving the outer side of the two-wheeled motor vehicles driving by the two-wheeled motor vehicles driving by the victim D ( South, 50 years old) who direct the said intersection from the right side of the direction of the Defendant to the left side.

As a result, the Defendant suffered injury, such as duplicating cages, including three cupages, which require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on D’s statement on D’s statement (as to whether CCTV at the scene of an accident and signal are violated)

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of injured person by occupational negligence and the selection of imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the types of general traffic accidents] and the absence of the person causing a traffic accident (the area of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment], four months to one year

3. Determination of sentence: Two years of suspended execution, forty hours of an order to attend a course, community service, etc. for six months of imprisonment without prison labor;

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