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(영문) 광주지방법원순천지원 2020.09.09 2020고단199

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 driving a BM6 vehicle.

On September 17, 2019, the Defendant driven the above car and proceeded with the above high-priced road on the ground of the sub-ducul gate, which is set up in the sub-ducuk-dong, which is located in the sub-ducdong, in order to drive the above car, into the sub-duc gate, the sub-duc gate, which is set up in the middle distance in front

At this point, the speed limit is 40 km per hour and the center line of yellow solid lines are installed at a speed of one lane. In such cases, a person engaged in driving motor vehicles has a duty of care to observe the speed limit and drive motor vehicles safely along the lane.

Nevertheless, while neglecting this, the Defendant was driving at 78 km a speed, and was driving at the opposite part of the victim C(75 years old) driving due to the occupational negligence near the central line, and received full parts of the left part of the freight vehicle on the left side of the said vehicle.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim C, such as the 4-day pressure pressure and the opening of the upper left-hand part of the body, and injury to the victim E (V, 68 years old), who is the passenger of the said cargo vehicle, for approximately 6-day medical treatment, such as duplicing of a cuple of a cuple of a cupage that requires approximately 2-day medical treatment, and injury to the victim F (V, 8 years old), such as an open cuple of a cupage and an open cuple of the eye that require approximately 2-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2);

1. An accident site photograph;

1. Each written diagnosis;

1. Outcomes of the EDR analysis;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Crimes provided for in Articles 40 and 50 (Punishment to be imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with a more severe criminal

1. Selection of alternative imprisonment without prison labor;

1. The Criminal Act, the suspension of execution;