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(영문) 대전지방법원 천안지원 2017.05.19 2017고단452
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the 5 tons cargo vehicle B.

On March 30, 2016, the Defendant driving the above cargo vehicle around 17:50, and proceeded at a speed that would not be known to the opposite side of the D in the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, by the gender exchange middle school.

At the same time, there is an intersection where there is no signal signal, etc. between the backway and the front road. In such a case, the Defendant, who is engaged in driving, has a duty of care to operate safely by reducing speed and operating the steering and the front side well by accurately operating the steering and the operation of the steering system.

Nevertheless, the Defendant neglected to do so and went into the left-hand side of the Defendant’s vehicle by driving the front wheelchairs, which the victim E (W, 81 years old) drives from the side road to the intersection, and went into the left-hand side of the Defendant’s vehicle.

As a result, the Defendant, by the above occupational negligence, caused the victim to suffer from a wound in credit which requires treatment for at least six months, and caused the victim, alone, to be unable to move.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. The actual survey report and each photograph;

1. Each written diagnosis;

1. Application of the reply statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Processing of Tonggs under the relevant Act concerning criminal facts, and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In general traffic accidents of category 1 (Bodily Injury by Traffic Accidents), the basic area (special mitigation to one year) (special mitigation to one year) [the victim] also has a substantial fault in the occurrence of traffic accidents or the expansion of damage, where serious injury has occurred (one type) [the sentence].

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