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(영문) 대전지방법원 공주지원 2015.12.11 2015고단331
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 engaging in driving a rocketing car.

At around 14:30 on August 26, 2015, the defendant driving the above car as a service, leading to the direction of the flow distance from the flow of the Guamo-o-o-o-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

Since there is an intersection where a signal, etc. is installed, in such a case, the driver had a duty of care to accurately operate the steering room and the right and the right and the right and the right in accordance with the signals, and to accurately operate the steering gear.

Nevertheless, by negligence in the course of the stop signals, the Defendant shocked the back portion of the victim D(50 years of age) driving in the direction of the distance of the old cancer from the U.S. to the left-hand turn in the direction of the new direction of the U.S. TCA110 U.S. to the left-hand side of the said car.

As a result, the Defendant suffered injury to the victim, such as the victim’s structural negligence, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. The actual condition survey report;

1. Suffs of witness vehicles, booms images, caps, and CDs;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

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

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

1. Application of sentencing standards [Scope of Recommendation] Standard of General Traffic Accidents: Type 1 (Bodily Injury resulting from Traffic Accidents) (one to six months without prison labor), the area of mitigation (including specially mitigated persons), the area of punishment not subject to punishment (including serious efforts to recover damage): One month to six months without prison labor;

2. Determination of sentence - 4 months of imprisonment without prison labor, and 1 year of suspension of execution, the defendant caused the traffic accident by negligence in violation of the signal and thereby the victim suffers any minor injury.

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