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(영문) 수원지방법원 안산지원 2016.07.14 2016고단1237

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 a period of one year 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 Crane car.

On September 28, 2015, the Defendant driven the above car at around 15:00, the Defendant found the victim D (the south and 73 years old) crossing the above car to the right side of the road (the lower part of the road) with the speed of 82 km in the direction of the southan IC in the middle of the Jeju Jeju Island at a point of 38.8km in order to drive the said car at the speed of 15:0 on September 28, 2015. However, the Defendant did not stop the said car and got the victim into the road beyond the upper part of the road without stopping the above part of the road.

Defendant 1 suffered injury, such as cerebral cerebrovassis, which requires approximately 10 weeks of medical treatment to the victim due to such occupational division and room.

Summary of Evidence

1. Statement by the defendant in court;

1. Opinion on a traffic accident report, report on the occurrence of the traffic accident, field map, diagnosis certificate, examination opinion related to speed limitation on the lane of the expressway, and application of the Acts and subordinate statutes described in the investigation report, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the case where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage in the basic area (four months to one year) (special mitigation) of the basic area (special mitigation) (the victim) of the first-class traffic accident (special mitigation) within the scope of punishment recommended for sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture also operated in excess of a maximum of 50km per hour by the defendant, and the accident in this case occurred. The degree of violation of the defendant's duty of care is below the degree of the accident in this case.

and the accident of this case.