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(영문) 대전지방법원서산지원 2020.10.28 2020고단826
교통사고처리특례법위반(치상)
Text

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

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

The defendant is a person who is engaged in driving a B car.

On June 5, 2020, the Defendant driven the said car on June 14:40, and led to a road of about 30 km in front of the intersection road located in 34-3 as the front head of the new flick-ro at the time of the ruling, from the direction of the wild boar-gu to the direction of C Elementary School.

At this point, there was an intersection, which is a place where the overtaking is prohibited, so there was a duty of care to prevent accidents in advance by properly manipulating the steering direction and operation system without passing through the intersection for those engaged in driving motor vehicles.

Nevertheless, the Defendant neglected this and went beyond the center line of the intersection in order to overtake the non-registered wheeler that is driven by the victim D (the age of 73) who was driven by the same lane in the front direction of the Defendant’s proceeding, by negligence, and led the victim to go beyond the center line of the intersection, and led the left part of the front direction of the vehicle of the Defendant by taking the front part of the vehicle of the Defendant and going to the left part of the above wheeler.

As a result, the Defendant suffered from an infertility or incurable injury due to the injury of recognition disorder, etc. caused by the injury to the victim’s sexual brain, etc., in which approximately 12 weeks of medical treatment is open, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey records, vehicles booms images and CCTV CDs of community halls;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The negligence of the defendant is significant, the circumstances favorable to the point that the injured person was injured: the defendant recognized wrong and reflects it, the fact that the defendant agreed with the injured person, and the comprehensive automobile insurance; and

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