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(영문) 의정부지방법원 2018.10.19 2018고단2515

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the execution of the above sentence 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 engaged in driving service of QM3 automobiles.

On August 19, 2017, the Defendant driven the above car at around 21:10, and driven the two-lane road in front C in front of the Dongducheon-si, along the two-lanes in both directions in both directions.

At all times, the speed of restriction is 60 km per hour and a crosswalk without any signal apparatus is installed in the front door, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed limit and by checking whether there is a person driving the motor vehicle in front of the crosswalk in order to reduce speed in front of the crosswalk and as well as whether there is a person driving the crosswalk in front of the crosswalk.

Nevertheless, the Defendant neglected this and continued to drive a speed exceeding 29 km, and found the victim D (62) and E (56 years old) who cross the above crosswalk to the right-hand side of the Defendant’s left-hand side of the above crosswalk at late later, and operated it rapidly, but did not avoid any action, and received the front portion of the Defendant’s driver’s car.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the said victim D, such as a thring-down aggregate, which requires approximately 8 weeks of treatment, and injury to the victim E, such as a fladder flag, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against some of the accused by the prosecution;

1. Each victim's statement prepared D or E;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. On-site report (as to securing, etc. of black straw straws)

1. A digital analysis appraisal report;

1. Sending a comprehensive traffic accident analysis;

1. A medical certificate;

1. Application of the Act and subordinate statutes to field photographs, witnesses' booms video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment shall be more severe.