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(영문) 수원지방법원 안양지원 2019.10.31 2019고단1582

교통사고처리특례법위반(치상)

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2019, at around 21:10, the Defendant driven a B Indian car, driving a two-lane road in front of the D, which is located in the Gu C during Ansan-gu, along the direction from the fugitive distance, to the middle and middle distance.

Since there is a road with a restricted speed of 70 km per hour, there was a duty of care to ensure safe operation by complying with the restricted speed and accurately operating the steering and steering system to those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected this and received the rear wheels part of the victim G(25 years old) who dried a bicycle or crosswalk in violation of the signal from Mad E to F from the point of view of 26.34 km a speed exceeding a speed of 26.34 km per hour. The Defendant received the rear wheels part of the victim G (25 years old) who dried the bicycle.

As a result, the Defendant suffered injury, such as a felball, etc., by occupational negligence, to the victim, for approximately 12 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspect of G;

1. A traffic accident report;

1. Answers on traffic accident analysis results;

1. Designation of speed regulations;

1. A medical certificate;

1. The defendant and his defense counsel asserts that there is no proximate causal link between the defendant's negligence in violation of speed and the traffic accident in this case.

However, in the case of a driver with normal vision, there is a considerable difference in the range of the vision due to the increase of the speed of the vehicle, and the physical strength is lowered by the increase of the speed of the vehicle.

Even though the speed of the road stated in the facts constituting the crime was 70 km a speed of 98.7 km at the time of the occurrence of the instant traffic accident, the Defendant driven the above road at a speed of 98.7 km, and the speed at the time of discovering and shocking the victim was 96.34 km a speed of 96.34 km a speed.

by the order of the defendant.