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(영문) 대전지방법원 공주지원 2018.06.22 2018고정36

교통사고처리특례법위반(치상)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On October 20, 2017, the Defendant driving a cenz car around 07:47, and driving it on the cheon Highway located on the surface of the Gongju-si at the Gongju-si. On October 201, 2017, the Defendant continued to drive the cenz lane.

Since the speed of restriction is 30 km per hour, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed of restriction and driving the motor vehicle on the front side.

Nevertheless, when the defendant drives a vehicle with a speed exceeding about 40 to 47 km per hour by negligence, the defendant was faced with the victim D (W, 46 years old) who was faced in the front direction of the defendant's running, due to the full shock of the car, and suffered an injury, such as the cutting of a bridge which requires about 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1);

1. A medical certificate;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act of the suspended sentence lies in an accident while the Defendant was driving at a speed exceeding 40 km, and the victim’s injury is considerably heavy.

However, the sentence shall be imposed on the defendant and the sentence shall be suspended by taking into account the following: (a) the victim's negligence is extremely high as the victim's negligence occurred as an accident occurred as the victim crosses the lower-road lane without driving the direction of the vehicle; (b) the defendant immediately takes relief measures for the victim; (c) the victim wants to leave the front line; (d) the defendant was the first offender; (e) the defendant was unlikely to repeat the crime; and (e) the defendant was unlikely to do so.