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(영문) 대전지방법원 2015.04.17 2014고단2421
교통사고처리특례법위반
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 of CTrack Motor Vehicles.

On June 12, 2014, the Defendant driven the above car on the 21:10 on June 21, 2014, and proceeded from the mountain clinic that is located in front of the Gama-dong, Seo-gu, Daejeon to the Gama2 Dong community service center, and went to the right turn to the front door of the Gama-dong community apartment.

Since there are many places where the passage of vehicles and pedestrians is frequent and the emergence of obstacles is expected, the driver of the vehicle has a duty of care to check and drive the safety of the course by reducing speed and by properly examining the right and the right of the road driving.

Nevertheless, the defendant neglected to do so and did not properly look at the front left, and the defendant was negligent in proceeding with the front left side of the victim D (the age of 61) who crossed the road as the front side of the driver's seat of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the act of cutting down the body of the left-hand body, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1)

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] of general traffic accidents [the scope of recommendations] : April to October (the basic area] - there is no past record of criminal punishment for mitigation - the case where serious injury, other than serious injury, occurs (the type of suspended execution] - there is no positive record of criminal punishment - there is no positive record of criminal punishment - there is no past record of criminal punishment - there is no past record of suspended execution as long as positive social relation is obvious (decision of a sentence of suspended execution] / there is no past record of criminal punishment.

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