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(영문) 대전지방법원 천안지원 2018.02.23 2017고단2739
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person driving B cargo vehicle.

On September 25, 2017, the Defendant driven the above vehicle at a speed of 11:20, the Defendant driven the above vehicle, and driven the road in front of the 1326-4 Dong office, 1326-4, Masan-ro, an Asan-si, in the shooting distance protection area in Eup, at a non-speed speed, one-lane between the two-lanes, namely, blue apartment protection area in Eup.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by driving on the right side of the center line instead of breaking the center line.

Nevertheless, the Defendant neglected to drive a stroke, driving a stroke at the center of the Defendant’s vehicle, and caused the victim’s injury to the victim’s F (V, 29 years old) who was in line with the upper part of the Defendant’s vehicle in a normal way after the collisioning the central line of the Defendant’s vehicle, by shocking the front part of the Defendant’s D Stroke drive (32 years old) into the left part of the Defendant’s vehicle. In addition, the Defendant sustained the victim’s injury to the Defendant’s vehicle E (V, 39 years old) who was in line with the damaged vehicle for about 3 weeks of medical treatment, such as stroke, which requires approximately 12 weeks of medical treatment, and the victim’s injury, such as T9 and T 10 parts, which require about 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, E, and F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and field map;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommending punishment] the category 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) (including specially mitigated persons] that is not subject to punishment (including serious efforts to recover damage);

2. The defendant shall be sentenced to a sentence;

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