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(영문) 대전지방법원 홍성지원 2020.04.07 2019고단606
교통사고처리특례법위반(치상)
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On March 10, 2019, the Defendant driven the above car on March 10, 2019, while driving the two-lane road in front of Chungcheongnamnam C Borrowing along a one-lane road, and driving the two-lane road from the budget integrated terminal to D, and driving the vehicle into the opposite line.

At the time, the road is installed at night, and in such a case, the driver has a duty of care to prevent accidents by thoroughly manipulating the steering gear and brakes, and not breaking the sidewalk.

Nevertheless, the Defendant neglected to do so and caused the victim E, who was walking on the sidewalk due to negligence following the U.S. Report, to shocked the victim E with the front part of the left part of the said high-est car, and transferred the victim to the report, and served the victim with the above high-est car.

The Defendant caused a serious injury to the victim by occupational negligence on the part of the victim due to an undetermined number of days of treatment to the extent that the victim was suffering from a serious injury caused by an unafluened culatory depression, so that there was no one.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of on-site photographs, 'F CCTV images photographics, video CDs' Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)9 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act regarding criminal facts, the fact that a U-turn was made in a place where a U-turn is not allowed. However, considering the fact that the place where a traffic accident occurred is reported and the victim was walking in the sidewalk at the time, it is difficult to view that there exists a causal relationship between the U-turn’s act

Therefore, Article 3 (2) 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents is deleted.

Defendant’s news report.

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