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(영문) 의정부지방법원 고양지원 2016.08.11 2016고단1164

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On January 20, 2016, the Defendant driven the above car at around 22:15, and proceeded at about 96 km in the speed of Si, depending on the front side of the road at the 3-lane 5-lane east-dong, Seoyang-gu, Seoyang-gu, Goyang-si, and the front side of the road at the 5-lane east-dong.

Since the restriction speed is 50 km in the vicinity of the intersection where the crosswalk is installed, there was a duty of care to prevent accidents in advance by seeing the road and complying with the restricted speed.

Nevertheless, the defendant neglected to do so and neglected to neglect the front road and caused the part of the bridge of the victim C (35 Do) who crossed the road from the left side to the right side by negligence of the business negligence, which caused a speed exceeding 46 km, to go beyond the road by taking the front part of the left side of the car of the defendant.

Ultimately, the Defendant suffered serious injury on the part of the victim due to the above occupational negligence on the part of the victim, such as external dementia.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Reports on traffic accidents, investigation reports (the degree of injury of a victim), investigation reports (the confirmation of speed limit to the place of accident);

1. Application of Acts and subordinate statutes to photographs by cutting down a photo at the scene of an accident, a black booms image fluor;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant was negligent in driving at almost two times the speed higher than the speed limit and the degree of injury of the victim is serious.

However, the defendant is against the defendant, and the injured person does not want the punishment of the defendant by agreement with the victim.

There is no criminal record for the defendant.

(2).