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(영문) 대구지방법원 서부지원 2021.01.14 2020고단1984

교통사고처리특례법위반(치상)

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

However, the execution of the above sentence shall be suspended for a period of 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 B-learning car.

On March 20, 2020, the Defendant driven the above car on March 10, 2020, and continued to drive the road located in 901, a two-wheeled surface, which is located in the Mandong-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, a one-lane from the surface of the water surface to the surface of the water surface.

It is a place where a speed limit is 60 km per hour on a plucker, plucker, etc., so in such a case, there was a duty of care to safely drive the wheeler by observing the speed limit and accurately manipulating the steering gear.

Nevertheless, Defendant 1 did not operate the brakes in the above valleys section and followed speed of the speed above speed of 20 km or more per hour, and due to negligence in the occupational negligence over speed of 88 km to 107 km or more per hour, Defendant 2 caused Defendant 2 to take the left-hand retaining wall beyond the center line above the above road.

After all, the Defendant suffered from the above occupational negligence as above, the injury of the victim C (V, 72 years of age), who was on board the said car, such as the mouth of the two arms, under the right line requiring approximately 12 weeks medical treatment, and the injury of the victim D ( South, 82 years of age), such as the chest stroke, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of traffic accidents and the actual survey report on the EDR analysis;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Selection of a credit cooperative for the option of a punishment under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victims suffered serious injury due to the instant accident, etc. is disadvantageous.

However, the defendant confessions the crime of this case and repents the mistake, and the victim does not want the punishment by agreement with the victim D.