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(영문) 청주지방법원 영동지원 2013.11.21 2013고단126

교통사고처리특례법위반

Text

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

On June 3, 2013, at around 11:00, the Defendant driving a BM5 car as its duties, and proceeded ahead of the Yong-ro road located in the white-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do with a view to a melting-do, from a yellow-do surface.

Since the place is 60km a speed limit on a downhill road, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed limit and accurately manipulating the steering and brake system.

Nevertheless, the Defendant neglected this to set a limit on speed exceeding 25.1km, and the victim C (the age of 76) driven by the left-hand side from the right-hand side of the proceeding direction, and received the left-hand side of the horse driving by the victim C (the age of 76).

After all, the Defendant suffered from the above occupational negligence to the above C such injury as the left-hand side 7, 8th 7, 200, 200, 6, 7, 8, and 10, such as a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage c

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. The actual condition survey report;

1. A comprehensive analysis of traffic accidents;

1. Each written diagnosis;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy circumstances);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: Imprisonment without prison labor for not more than five years;

2. The basic area ( April through October) of the sentence range recommended according to the sentencing criteria: traffic crime, general traffic accident, injury by traffic accident (determination of the scope of sentence).

3. Suspension of collection of office: