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(영문) 의정부지방법원 2019.11.27 2019고단4292

교통사고처리특례법위반(치상)

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Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who drives a motor vehicle B as a duty.

On July 29, 2019, the Defendant driven the said car at the front of the Gugri-si C at the time of Gugri-si on July 21, 2019, and continued to proceed from the right side of the Gugri-ri civil park entrance.

As such, the speed limit is 30 km per hour, and the front bank is installed with a speed limit and crosswalk, and the front bank is not secured at night, so the driver has a duty of care to drive by carefully examining the traffic situation of the front bank while complying with the speed limit.

Nevertheless, the Defendant neglected this, while driving at a speed of 65 km and did not show the front side properly, received the victim D (the age of 62) from the front part of the right side of the said car as the front part of the said car, thereby damaging the victim beyond the floor, thereby incurring approximately 8 weeks of treatment.

As a result, the defendant driving at a speed exceeding 20 km per hour, resulting in an injury to the victim due to a traffic accident caused by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 1] the injury [special person] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. This is due to the Defendant’s breach of the duty of care, such as violating the speed limit.