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(영문) 서울북부지방법원 2019.01.24 2018고단4490
교통사고처리특례법위반(치상)
Text

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

except that 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 car in a SP area B.

On June 12, 2018, around 11:05, the Defendant continued to run approximately 89 km each hour according to the access road of the said rest area, at the Seoul direction-type death stop located at a point of 400 km of the Gyeong-si Metropolitan Highway.

Since there was a 30km speed as an access road to an expressway rest area, there was a duty of care to prevent accidents in advance by complying with the speed limit and operating steering equipment and brakes accurately.

그럼에도 불구하고 피고인은 이를 게을리 한 채 제한속도를 시속 58km 가량 초과하고, 조향장치 및 제동장치도 제대로 작동하지 않은 채 그대로 질주하여 휴게소 내 주차장에 정차 중인 피해자 C(여, 20세)의 D 스파크 승용차의 뒷범퍼 부분을 피고인 승용차의 앞범퍼 부분으로 들이받고, 그 충격으로 피해차량이 앞으로 튕겨 나가면서 마침 그곳을 지나는 보행자인 E(50세)을 피해차량의 앞범퍼 부분으로 들이받았다.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, and the injury to the victim F (the victim F (the victim 22 years of age) who is the passenger of the affected vehicle, such as chest bec and the bending fright in need of approximately 8 weeks of medical treatment, and the victim E or the victim E suffered from the injury, including four or more flicks in need of medical treatment for about 6 weeks of more than 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. The actual survey report on traffic accidents;

1. Each written diagnosis;

1. A traffic accident analysis and appraisal report;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

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