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(영문) 대전지방법원 서산지원 2017.10.13 2017고단567
교통사고처리특례법위반(치상)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving CFH car trucks.

On January 17, 2017, the Defendant driven the above vehicle at around 20:00, and proceeded with the national highways No. 38 adjacent to the “E” located in Jin-si D at the time of Jin-si at a ethic speed from the modern steel.

At the time, there is a night and a place where the center line of the yellow real line is installed, so there was a duty of care to prevent accidents in advance by safely making a U-turn at the place where the U-turn and the left-hand turn is permitted.

However, the Defendant neglected this and received the front part of the Garbured passenger vehicle operated by the Victim F (33 Do) who was going to Hyundai Iron from the Madan T.S. on the side of the Madles, by his negligence, from the center line to an illegal internship, as the front part of the Defendant’s vehicle loaded on the front side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as a thring of 8 weeks of medical treatment, by negligence on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The sentence shall be determined as ordered in consideration of the overall sentencing conditions, such as the fact that part of the agreed amount has been paid, the fact that the victim has subscribed to a comprehensive insurance, the fact that it is against the defendant's age, sexual behavior, environment, etc.;

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