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(영문) 전주지방법원 정읍지원 2017.02.14 2016고단529

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 car with a ASEAN.

On July 20, 2016, the Defendant driven the above car at around 21:00 and proceeded at a speed of about 127 km from the direction of Kim Jong-si to the intersection in front of the D gas station located in C at Kim Jong-si.

At the time, at night, there was a place where the speed limit is 80 km per hour, and thus, there was a duty of care to safely drive the vehicle by complying with the speed limit and keeping the right and the right and the right of the vehicle on the duty of care.

Nevertheless, the Defendant neglected this and went through the above intersection at a speed exceeding about 47 km per hour by negligence of the Defendant’s vehicle driving at the right side of the driver’s car driving direction to the right side of the victim E (58 e.g., the driver’s vehicle) driving on the right side of the driver’s car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, such as salt, tensions, etc. on the climatic tensions requiring approximately 3 weeks of medical treatment, and inflicted injury on the victim G (the 57 years old), who is the passenger of the victimized vehicle, on the part of the victim G (the 57 years old), on the part of the victim H (the 31 year old), on the part of the victim, who is the passenger of the Defendant’s vehicle, on the part of the victim H (the 31 year old), on the part of the victim H (the 51 year old passenger) in need of medical treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to E and I;

1. Each written diagnosis;

1. Notification of results of comprehensive traffic accident analysis;

1. Application of statutes on site photographs;

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 Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (a favorable consideration, such as the reflection of mistakes, the agreement between the victims and the first offender, and the first offender);