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(영문) 전주지방법원 2018.12.18 2018고단669

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a person who is engaged in driving a Brane car.

On November 20, 2017, when the Defendant driving the said car at around 19:07, and driving the said car at around 19:07, and driving the three-lane in front of the immigration management office, which is located in the Dong-gu, Seojin-gu, Seoul Special Metropolitan City, along with two-lanes, into the front air basin at the port of Songcheon-dong, the Defendant had a duty to pay attention to prevent accidents in advance by driving the car safely while complying with the speed limit and driving the vehicle at a night.

Nevertheless, the Defendant neglected this while driving a vehicle at a speed of 131.4 km per hour due to a violation of the speed limit, thereby causing less than two injuries to the victim, who was driven at the right side of the Dam520 vehicle of the victim C (n, 46 years old) who was driven by U-turned in the opposite lane, by taking the upper part of the Defendant's driving vehicle into the front part of the vehicle, which requires approximately 12 weeks of care for the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. 교통사고 보고⑴⑵

1. An accident scene photograph;

1. Videos and photographs of Branchiscamba images of Branchiscams;

1. Answer of the results of request for traffic accident analysis;

1. Medical opinions;

1. Application of Acts and subordinate statutes for factual inquiries and replies;

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. Determination of the Defendant and his defense counsel’s assertion on the Defendant and his defense counsel under Article 62-2 of the Social Service Order Criminal Act

It is difficult to see

The argument is asserted.

However, in light of the following circumstances that can be recognized by the evidence mentioned above, the Defendant’s speed and challenge.