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(영문) 춘천지방법원 원주지원 2018.04.19 2018고단78

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for six months.

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

On September 1, 2017, the Defendant driven a car with Bmari zone around 17:45, and driven a two-lane road near the entrance road in the crossing of the Gangwon-do crossing-gun in the front city of the city, along the two-lane speed from the front city of the city to the front city of the 150-km intersection.

At night, and at that time, the speed limit to the private-distance intersection is 80km per hour. Thus, the Defendant, who was engaged in driving a motor vehicle, has a duty of care to prevent accidents by complying with the speed of the vehicle and operating the steering gear and operation of the steering gear and operating the steering gear in a correct manner, but the Defendant neglected his/her duty to do so, thereby causing injury to the victim C (the victim South, 41 years old) who was waiting along the right side of the vehicle at the right side of the ongoing lane due to his/her occupational negligence while entering the exclusive lane of the right side before the right side, without stopping or bypassing it, and without proceeding a collision with the vehicle that changed the speed from the front side to the two lanes.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, traffic accident report (1), (2), response to a request for appraisal, and results of the analysis of traffic accidents;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [the scope of recommended punishment] (one month to eight months) of the mitigation area (one month) of the type 1 of the ordinary traffic accident (the special mitigated person] of the mitigation area (the special mitigated person] of the punishment non-taxation area (the decision of sentence] of the punishment, and causes a traffic accident while driving at a strict speed without disregarding the speed of the restriction.