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(영문) 대전지방법원 천안지원 2015.10.15 2015고단1399
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a line of vehicle B in the fishery of New Airport.

At around 16:55 on June 8, 2015, the Defendant proceeded along the first line of two lanes from the surface of the hot spring station in the Asia-si, Asan City to the intersection of the three-lane distance in front of the D, in the area of the hot spring station.

Since there is a signal, in such cases, a person engaged in driving service has a duty of care to safely drive according to the new code.

Nevertheless, the defendant neglected this and received the left-hand side of the victim E(33 years old) driving which was going to the right-hand turn from the defendant's right-hand side by negligence in violation of the signal, as the front side of the car of the defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand pelle, and the following pelle, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of E statements;

1. Entry of the traffic accident report;

1. Entry and video of the traffic accident report;

1. Descriptions of a medical certificate;

1. Application of statutes on images of on-site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: Not less than one month but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types), traffic crimes, and Type 1 (Bodily Inflicting Persons) (Bodily Inflicting Persons) from among general traffic accidents, punishment and disapprovals (Limits of recommending punishment) from among the factors of traffic accidents, not less than one month but not more than six months;

3. Determination of sentence: The fact that a defendant who has been suspended for a period of four months has suffered serious injury to the victim due to a traffic accident that occurred while he operated a motor vehicle, and the defendant shall be punished by a traffic accident.

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