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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단332

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for 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 CTB car.

On January 16, 2017, the Defendant proceeded at a speed of about 96 km in the direction of the opposite state from the US bank to the opposite state. < Amended by Presidential Decree No. 2034, Jan. 16, 2017>

In this case, the driver of the vehicle has a duty of care to comply with the speed limit and accurately manipulate the steering gear and brakes so that the driver of the vehicle can safely drive the steering gear and brakes to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and driven a victim E (68 cc) who was under the negligence of driving a central line 56 km above speed of 56 km per hour while driving it.

F Launay taxi received the left front part of the Defendant’s vehicle in front of the left part.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as a fresh of the bresh of the fresh of the fresh in which approximately 12 weeks of care are unknown, and the injury to the victim G (the 67 years of age) who is the fresh of the fresh that requires approximately 12 weeks of care to the fresh of the fresh, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and the report on a traffic accident;

1. Application of Acts and subordinate statutes to a report on investigation (a written diagnosis and estimate);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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 suspended execution;

1. In light of the fact that the defendant's negligence, the reason for sentencing under Article 62-2 of the Criminal Act, is heavy, the victim's injury is grave, and the victim's injury is not received from the victims, etc., the nature of the crime of this case is not easy.

(b).