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(영문) 대전지방법원 공주지원 2019.10.18 2019고단324
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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

On February 5, 2019, the Defendant driven a low-priced car at B on February 10:25, 2019, and led to the Cheongyang-gun from the right side to the Cheongyang-gun at the right side of an official city.

At that time, the Defendant was proceeding with the red on-and-off signals at the intersection where signal lights are installed and the speed limit is 80km per hour. At that time, the DPoter Ⅱ, the freight driven by the victim C(77 years old) was temporarily stopped in accordance with the red on-and-off signals, and then entered the intersection and is proceeding to the F community hall on the opposite side, so there was a duty of care for the driver of the vehicle to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to make a temporary stop prior to entering the intersection, and was negligent by the failure to discover the cargo vehicle at a speed exceeding 108.83 km per hour, and received the main sentence of the cargo vehicle at the front of the passenger vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C, such as dystrophal typ, etc., which requires approximately 2 weeks of medical treatment, on the part of the victim G (7 years of age) who was accompanied by the cargo, on the part of the victim G (7 years of age), the Defendant suffered from the injury of the victim H(59 years of age) who was on the part of the left side in need of medical treatment for about 13 weeks, on the part of the victim G (7 years of age), on the part of the left side in need of medical treatment for about 3 weeks, on the part of the victim H(59 years of age) who was on the vehicle in need of medical treatment for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Investigation as to whether a victim's G is seriously injured);

1. Requests for appraisal;

1. Each medical certificate (Evidence Nos. 7, 8, 9, 10);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. The relevant Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts;

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